Skip to main content
CAT event update
For the latest on the Turkey earthquake, please visit our event page.
Learn more
  • Select a Site Blog
    US-Global
    Canada en fr
    United Kingdom
    Australia

    By Country / Region

    • Argentina en es pt
    • Australia
    • Belgium
    • Brazil en pt es
    • Canada en fr
    • The Caribbean
    • Chile en es pt
    • China
    • Denmark
    • Finland
    • Germany en de

     

    • Hong Kong
    • India
    • Indonesia
    • Italy en it
    • Japan
    • Malaysia
    • Mexico en es pt
    • Netherlands en nl
    • Norway en no
    • Panama en es pt
    • Peru en es pt

     

    • The Philippines
    • Poland en pl
    • Singapore
    • Spain en es
    • Sweden en sv
    • Taiwan
    • Thailand
    • United Arab Emirates
    • United Kingdom
    • United States

    By Country / Region

    • Argentina en es pt
    • Australia
    • Belgium
    • Brazil en pt es
    • Canada en fr
    • The Caribbean
    • Chile en es pt
    • China
    • Denmark
    • Finland
    • Germany en de
    • Hong Kong
    • India
    • Indonesia
    • Italy en it
    • Japan

     

    • Malaysia
    • Mexico en es pt
    • Netherlands en nl
    • Norway en no
    • Panama en es pt
    • Peru en es pt
    • The Philippines
    • Poland en pl
    • Singapore
    • Spain en es
    • Sweden en sv
    • Taiwan
    • Thailand
    • United Arab Emirates
    • United Kingdom
    • United States

    Specialty Sites

    • Broadspire
    • Catastrophe Services
    • Contractor Connection
    • Crawford Blog
    • Crawford GTS
    • Crawford Legal Services
    • Investor Relations
    • WeGoLook
  • Investors
  • Careers
  • Blog
  • Subscribe
  • Login
    • CMS Portal
    • CAT Adjuster Portal
    • VTECH
    • XactAnalysis
  • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • 24/7 Hotlines
    • ClaimsAlert Hotline
    • 877-346-0300
    • Transportation Claims Hotline
    • 866-420-1689
    • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
Crawford & Company logo
  • Services
    • Loss Adjusting
    • Third Party Administration
    • Managed Repair
    • Medical Management
    • On-Demand Services
    • Catastrophe Response
    Global Loss Adjusting Preview Cards 480X270

    When loss occurs, Crawford is there with the right team, the right technology, and the right processes to help you restore and rebuild.

    Global Third Party Administration Preview Cards 480X270

    From loss adjusting to medical management to managed repair and more, Crawford delivers effective TPA solutions to save you time and money.

    Global Managed Repair Preview Cards 480X270

    Deliver a world-class experience to your customers from first notice of loss all the way through to finished repair.

    Global Medical Management Preview Cards 480X270

    A comprehensive set of clinical management programs focused on compassionate care.

    Global Wegolook Preview Cards 480X270

    Bringing the gig economy to the enterprise to deliver faster, more cost-effective results.

    Global Catastrophe Services V1 Preview Cards 480X270

    Industry-leading adjusters combined with innovations in technology and workforce management deliver value to clients when they need it most.

    Service Catalog

    Get details on all of Crawford's services in our easy-to-navigate online catalog.

    Explore our services

  • Industries

    Insurance & Risk

    • Carriers
    • Brokers
    • Corporates
    • The Lloyd's Market

    Other Industries

    • Agriculture
    • Construction
    • Entertainment and Events
    • Finance
    • Healthcare
    • Hospitality
    • Manufacturing
    • Marine
    • Mining
    • Power and Energy
    • Public Sector
    • Real Estate
    • Retail and Wholesale
    • Transportation
    Global Insurance Carriers Previewcard

    Optimize your claims processes and delight your customers.

    Global Insurance Brokers Previewcard

    Backed by our innovative array of services, you’ll always be the hero to your clients.

    Global Corporates Previewcard

    Comprehensive solutions for businesses in any industry.

    Global Preview Card Lloyds 480X270

    Exceeding expectations for syndicates, brokers, insureds, coverholders, and MGAs.

    Uk Agriculture Preview 480X270

    Understanding the ever-changing risks of the modern rural economy.

    Global Construction Previewcard

    Specialized expertise for those who build.

    Camera man filming a scene in a doctor's office

    Navigating the complex landscape of production risk.

    Aerial view of city

    Supporting the unique and ever-changing risks of financial institutions.

    Group of healthcare professionals meeting

    Delivering on our mission so you can focus on yours.

    Global Hospitality Preview Cards 480X270

    Driving efficiency, building customer satisfaction and protecting your brand.

    Batteries on a conveyor built in a manufacturing facility

    Keeping the engine of commerce running.

    Uk Marine Transportaion Preview 480X270

    Expert service in a complex, large-scale and high-profile sector.

    Mining equipment outdoors

    Global expertise for large-scale operations.

    Solar and wind farm

    Knowledge, skills and experience in energy, power generation, and renewables.

    Ornate columns outside a government building

    Innovation and data-driven efficiencies deliver value for public entities.

    Global industry real estate preview

    Exceptional service, information and reassurance in a fast-paced business.

    Delivery truck unloading at a commercial loading dock

    Managing risk in one of the world's largest industries.

    Global Transportaion Preview Cards 3 480X270

    Frictionless intake, rapid response, and comprehensive coverage.

  • Innovation
    • Crawford Technologies
    • Asservio
    • On-Demand Estimatics
    • WeGoLook
    • YouGoLook
    • 3D Property Scan
    • Digital Desk
    • Digital Assist
    • TruLook
    • Recall 360
    • Escape of Water
    Global Innovation Preview Cards 480X270 V2

    We’re not just embracing change, we’re leading it.

    Global innovation asservio preview

    Leading-edge estimate review technology that eliminates friction and ensures faster, more accurate property repair estimates.

    Global code preview

    Streamlined, accurate estimating from a single source.

    Global Wegolook Preview Cards 480X270

    Combining technology with an on-demand workforce to help businesses gather and validate information anytime, anywhere.

    Global yougolook preview 1 480x270

    Empowering policyholders to safely submit their own claims data.

    Global innovations 3d property scan previewcard

    Get a detailed report with measurements and information about the exterior of a property by taking just a few perimeter photos.

    Digital desk preview 480x270

    Access next-gen claims processing

    Global digital assist preview card

    Using Digital Assist, adjusters can quickly and easily request the individual services they need to close claims.

    Global Tru Look Preview Cards 480X270 V2

    Claims handling that adapts to your needs.

    Global Preview Recall 360 480X270

    Helping you prepare for and respond to any product recall.

    Global Escape Of Water

    Combining IoT technology with IICRC certified water loss specialists to deliver rapid and reliable response.

  • Expertise
  • About
    • Our Story
    • Our Locations
    • Leadership
    • Investors
    • Global Citizenship
    • Careers
    • Press
    • Blog
    • Contact us
    Global Our Story Preview Cards 480X270 V2

    Learn about Crawford's mission, vision, values, and the over 75 years of history that have made us who we are today.

    Global Locations Preview Cards 480X270

    With hundreds of offices and service centers around the world, Crawford is everywhere you need to be.

    Global leadership previewcard 2 480 X270

    Crawford’s strong and seasoned leadership team leverages its extensive knowledge and industry experience to drive our business.

    Global Investors Preview Cards 480X270

    Visit Crawford's investor relations website for news and information relevant to our shareholders.

    Global gcr preview 480x270

    We strive to make a positive impact on the communities in which we live and work.

    Global Preview Careers 480X270 V2

    At Crawford, employees are empowered to grow, emboldened to act and inspired to innovate. Won't you join us?

    Global Press Preview Cards 480X270

    Discover recent placements, company news and additional Crawford resources.

    Global Blog Nav Preview

    The Crawford blog publishes regularly on our people, our company and the industries we serve.

    Global Contact Us Preview Cards 480X270 V2

    We’re here to help! Team members around the world are standing by to assist you and your business.

  • Resources
  • Free Consultation
  • Home
  • Blog
  • Post
  • Blog
  • Post
  • Category:
  • All Categories
    • Company
    • Expertise
    • Innovation
    • People
    • Services
    • COVID-19
    • Legal Services

Monday, October 04, 2021

Andrew Higham, Associate, Crawford Legal Services

The great unknown – what's next for the MoJ’s pending review and amendments to SCT in EL/PL matters?

Blog post 2021 q3 cls moj

For a significant period of time, it was anticipated that £2000 was the increase to be proposed to the small claims track limit for Employment Liability / Public Liability claims as part of the MOJ’s ongoing Civil Justice Reforms. The recent launch of the newly increased limits applicable to RTA ‘whiplash’ claims has, it seems, generated more questions than answers (but nothing new there). Issues of guide/usage complexity and confusion on how the tariffs deal with multiple, simultaneous, injuries remain in question - one which will no doubt be answered by the Court of Appeal in due course.

It appears following a recent publication, that the increase to this track will be limited to £1500 (for now). It is worth noting that this increase was opposed almost across the board - from Claimant and Defendant Lawyers / Representatives to Insurers. It is clear, given the industry-wide opposition, that all involved were hoping the MoJ would drop the reform altogether, but no so such luck with Wolfson confirming: ‘Delivering this reform remains a key government priority but we believe that a more modest increase in the small claims track limit for non-RTA related claims is justified’. It is not entirely clear at this stage who the MoJ believes these reforms will assist given the industry-wide opposition.

EL / PL claims are known and generally accepted to be more complex than their RTA counterparts. Why? Well, EL claims are subject to multiple common law and statutory provisions that assess or guide the Court as to determine liability. Investigations can be time-consuming and complex. PL claims are also subject to common law and statutory provisions (albeit a lesser number of statutes are often applicable to public liability matters). The legal framework on which these claims are formed is only one aspect for consideration.

Litigants in person will also need to grapple with evidencing their claim on the balance of probabilities - considering disclosure (and the associated CPR/common law principles) in the context of a denial of liability - which can be voluminous/contentious, regardless of claim value. They will need to deal with medical evidence and no doubt arguments on causation, paired with grappling with the use of a new claims portal (which currently comes with a 64-page guide for users of the OIC).

It is wholly unclear presently, whether the EL/PL track increase will apply to all injuries or a specified selection. If as the guidance suggests, the limit will apply to “all other personal injury claims to £1,500”

Judicial College Guidelines, at a glance, and based upon the current proposed limit - cover minor injuries (anything up to a three month recovery period) dealing with scarring, skin conditions, some “lesser” and “minor to moderate” aspects of orthopaedic injuries (very few fall into this lower bracket), facial injuries including fractures, facial scarring and loss/damage to teeth. As can be seen, the current value catches several different injury types, all of which can and no doubt will be subject to the instruction of experts across a range of disciplines, which will in turn lead to causation arguments. How litigants in person will deal with these remains to be seen.

No doubt, there will be a “trial and error” assessment based upon the next six months practical usage of the OIC. Scrupulous CMCs and indeed claimant solicitors will be watching the developments via the OIC closely, with a view to establishing any route out of the SCT value banding for the EL/PL claims that they can. Naturally, any limitation on compensation (and, to the cynical mind, legal costs)...brings with it the increased risk of fraud and/or dishonestly where those pursuing redress will look to inflate an alleged accident impact from a causation perspective. One such example is the potential trend of tinnitus linked to RTA accidents - a development pre-fixed costs and OIC portal that was not particularly common.

The official public release also confirmed

“Having reflected on stakeholder feedback the government has decided to defer the implementation of this measure until April 2022 and to amend the proposed increase to £1,500. This pragmatic decision will provide additional time for affected stakeholders to prepare for the increase”.

April 2022 is currently, at the time of this article, six months away. It is not clear whether the MoJ will follow the OIC with the implementation of the ‘fixed’ tariff. The starting point may well be those injuries that currently fall below or start at the proposed £1500.00 limit. All of the above considerations currently remain unanswered for practitioners across the industry.

Crawford Legal Services continue to monitor the OIC developments paired with the MoJ’s focus on amending the track value in EL/PL matters. We are well versed in adapting to industry trends and legislation changes and our Speciality Risks Team is ready to tackle these head-on with clients – working, as always, as a strategic partner/ extension of their business. Should you wish to discuss this article, or indeed any of our services, please contact:

Andrew Higham
Associate, Crawford Legal Services
E: andrew.higham@crawco.co.uk
P: +44 (0) 0151 242 3299

Related posts

Image of successful judgment on gap fraud.

Wednesday, February 23, 2022

Crawford Legal Services strikes again, taking down GAP fraud

Read more about Crawford Legal Services strikes again, taking down GAP fraud
Blog post crawco legal 2021 Q2 liability lockdown

Monday, May 17, 2021

Professional liability in lockdown

Read more about Professional liability in lockdown
Blog out of sight legal services feature

Thursday, January 14, 2021

Out of sight (but not) out of mind

Read more about Out of sight (but not) out of mind

Crawford & Company logo

Services

  • Loss Adjusting
  • Third Party Administration
  • Managed Repair
  • Medical Management
  • On-Demand Services
  • Catastrophe Response
  • Full Service Catalog

Industries

  • For Carriers
  • For Brokers
  • For Corporates
  • For the Lloyd's Market
  • For Construction
  • For Healthcare
  • For Hospitality
  • For Transportation

About

  • Our Story
  • Our Locations
  • Leadership
  • Global Citizenship
  • Careers
  • Press
  • Blog
  • Contact

Legal

  • Terms of Use
  • Privacy Policy
  • Cookie Policy
  • Employment Policy
  • EU Privacy Notice
©2023 CRAWFORD & COMPANY. All Rights Reserved.
  • Home
  • Services
    • Loss Adjusting
    • Third Party Administration
    • Managed Repair
    • Medical Management
    • On-Demand Services
    • Catastrophe Response
    • Full Services Catalog
  • Industries
    • Insurance & Risk
    • Carriers
    • Brokers
    • Corporates
    • The Lloyd's Market
    • Other Industries
    • Agriculture
    • Construction
    • Entertainment and Events
    • Finance
    • Healthcare
    • Hospitality
    • Manufacturing
    • Marine
    • Mining
    • Power and Energy
    • Public Sector
    • Real Estate
    • Retail and Wholesale
    • Transportation
  • Innovation
    • Crawford Technologies
    • Asservio
    • On-Demand Estimatics
    • WeGoLook
    • YouGoLook
    • 3D Property Scan
    • Digital Desk
    • Digital Assist
    • TruLook
    • Recall 360
    • Escape of Water
  • Expertise
  • About
    • Our Story
    • Our Locations
    • Leadership
    • Global Citizenship
    • Careers
    • Press
    • Blog
    • Contact us
  • Resources
  • More from Crawford
  • Investors
  • Careers
  • Blog
  • Subscribe
  • Login
    • CMS Portal
    • CAT Adjuster Portal
    • VTECH
    • XactAnalysis
  • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • 24/7 Hotlines
    • ClaimsAlert Hotline
    • 877-346-0300
    • Transportation Claims Hotline
    • 866-420-1689
    • Submit a Claim
    • US Claim Submission Portal
    • Text "Claim" to 877-531-4803
  • Search for Expertise

Interested in learning more?
Get a free consultation with one of our experts.

Complete this form and we’ll get back to you at the contact details provided.