PI Brief Update

Does the Multi-Track Code Represent Reality? - Bill Braithwaite QC, Head of Exchange Chambers

18/05/13. I've been re-reading the Multi-Track Code recently, for the umpteenth time, for an article I'm writing about resolving major personal injury claims with recourse to the courts. I've always wondered whether the fine words in the Code represent reality, and I'm not sure that they do.

The theory is that:

1. all sides will work together in an environment of mutual trust and collaboration – I think that is rare – I do come across it, but usually the expressions of a desire to help the claimant are not borne out by the actions of the insurer
2. the parties should resolve liability as quickly as possible – but only recently the defence solicitor and insurer would not admit liability on the basis that the insured said that he could not avoid the collision, even though he simply drove into a stationary car
3. the Code will help claimants to access rehabilitation when appropriate – but even now I'm being told that a two day interim payment application is necessary for further funding for rehabilitation.

I'm not complaining about the notion which lies behind the Code – far from it. The article I'm writing is about appointing a neutral facilitator to help the parties to achieve the very things that the Code talks about. I don’t accept, though, that the present climate is conducive to the Code really working on both sides. I think it needs help, hence the suggestion of a neutral facilitator.

Bill Braithwaite QC
Head of Exchamge Chambers
This article was first published at http://billbraithwaite.com/blog/

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