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Coronavirus - Insurance Claims: Covid-19 Protocol - UK

  • United Kingdom
  • Litigation and dispute management
  • Personal injury claims litigation - Personal Injury Bulletin

25-03-2020

In these extraordinary times a number of insurers and “claimant” law firms have agreed a protocol that should avoid unnecessary procedural problems.

The full and commendably concise text can be found here.

In summary, signatories to the protocol, which is voluntary, agree that:

  • limitation periods in personal injury cases will be frozen
  • claimants “undertake to respond constructively to defendant requests for extension of time to serve a Defence”
  • an escalation process has been established for disputes under the protocol

This is all eminently sensible given the current difficulties under which everyone is working. Although it is unlikely that anyone would be forcing the issue of proceedings on limitation grounds or requiring applications for time for defences, it is good to see that many insurers and firms acting for Claimants are formally agreeing a way of dealing with these issues.

Whether you or your opponent are signatories to the protocol or not, the spirit of it is clearly one that everyone involved in litigation and claims should be adopting. This will not be a period where positional or aggressive tactical litigation is viewed with favour by the courts.

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