MoJ Portal and Civil Justice Analysis of employers’ liability & public liability claims

07 Jun 2019

BLM has published an analysis of data captured within the Ministry of Justice portal for EL and PL claims. The statistics reveal interesting trends in relation to the number of EL and PL claims which have been submitted via the portal, the number which proceed to stage 2, the number which settle at stage 2 and the number which exit the portal. Also, the statistics show the average amount of general damages offered at stage 2 and the number of EL and PL claims that proceed to stage 3.

Click here to read the full report.

Key observations and conclusions this quarter reveal:

  • A decrease in the number of CNFs sent/received for EL claims when comparing the average for February to April 2019 with the average for the corresponding period in 2018. In comparison, there was also a decrease in the number of CNFs sent/received for PL claims when comparing these same periods. It is predicted that there will continue to be a decline by approximately 5-7% in the number of submitted EL and PL claims by the end of 2019. However, there could possibly be a surge in the number of EL and PL claims submitted in the portal if the small claims limit for these claims increases from £1,000 to £2,000. Although on the whole, the average claim value for both EL and PL claims is for considerably more than £2,000.

  • On average, 8,240 EL and PL claims were submitted in the portal each month during January to April 2019. During this period, the highest number of both PL and EL claims were submitted in March 2019. However, the difference each month in the number of submitted EL and PL claims has not been significant and overall statistics remain relatively consistent despite there being a slight decline each year.

  • The statistics indicate that claim numbers for the rest of 2019 will be lower than claim numbers for 2018. The figures for 2019 (January to April) indicate that there will be a larger decline in claim numbers between 2019 and 2018 compared to the decline in claim numbers between 2018 and 2017.

  • Nearly 50% of all EL and PL claims exit the portal at stage 1 of the process but there has been a gradual decline each year. It is predicted that the majority of exits from the portal for 2019 will be at stage 1, which is supported by the statistics for previous years along with the current figures for February to April 2019.

  • The recently published statistics also show that there has been a decrease in the number of stage 2 exits when comparing the monthly averages for 2019 with the monthly averages for 2018 and 2017. The decrease in the number of stage 2 exits is positive because it shows that more claims are remaining in the portal. However, far less claims exit the portal at stage 2 compared to stage 1. Also, more claims leave the portal under the general exit process compared to stage 2 exits.

  • The number of stage 3 packs for PL claims increased when comparing the monthly averages for February to April 2019 with February to April 2018. In contrast the number of stage 3 packs completed for EL claims decreased when comparing the monthly averages for February 2019 to April 2019 with the corresponding period for 2018. Also, the figures for 2019 (to date) show an increase by approximately 2% in the number of stage 3 court packs for both EL and PL claims, which is due to the significant increase in court packs created for PL claims.

  • A big increase by two-thirds in the number of unresolved claims when comparing the monthly averages for 2017 and 2018 with 2019 (to date). This indicates that significant numbers of claims are remaining in the portal, some of which may be inactive or abandoned but not exited from the portal.This could be due to a failure to obtain instructions from the client, a failure to obtain supporting medical evidence and/or to submit the stage 2 settlement pack in order to progress the claim through the portal etc. Also, there are an increasing number of cases where claimants are issuing protective proceedings in accordance with PD 8B (the stage 3 procedure) and obtaining a stay of proceedings for an indefinite period of time.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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Simon Jones

Simon Jones

Partner,
Manchester


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