Pandemic Truce Between Insurers And Claimants Extended

By Joanne Faulkner
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Law360, London (April 23, 2020, 12:05 PM BST) -- Hundreds of law firms and insurers have signed up to a set of temporary rules for personal injury litigation adopted after coronavirus created disruption in the courts, as the truce was extended for at least another month.

The so-called coronavirus personal injury protocol, drawn up between Thompsons Solicitors and the Association of British Insurers, had been due to expire on April 20. But the arrangement has been extended until at least May 20.

Some 335 law firms and 105 insurance companies have committed to the terms of the protocol, which was adopted after disruption to civil hearings, which are now taking place online, according to an update on Monday. The protocol includes an agreement to freeze limitation dates in all personal injury cases.

Claimants are also required to "respond constructively" if defendants ask for more time to provide a defense. A "hotline" has been set up to provide legal advice to help mitigate disputes.

"We are pleased that the protocol has been extended," James Dalton, the ABI's director of general insurance policy, said. "The growing number of signatories demonstrates the commitment of insurers to work with others to ensure that claimants get the help and support they need during this worrying and uncertain time."

Thompsons Solicitors' head of policy, Tom Jones, said the arrangement is proving effective in "protecting access for justice for injured claimants during these testing times."

 Another review of the protocol will take place on May 13. It is hoped that by then the Lord Chief Justice's office will have formal instructions in place.

The rules are similar to those announced last week by the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers earlier this month. But they were developed separately.

Trade bodies for claimants and defendants agreed that members should be able to serve filings and evidence by email rather than in person and will be able to conduct medical examinations via video conference.

--Additional reporting by Martin Croucher. Editing by Ed Harris.

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