Editorial: No Information - Aidan Ellis, Temple Garden Chambers
29/10/14. In claims arising from road traffic accidents, where the Insurer has concerns about the claim presented, it is becoming increasingly difficult to advise the Claimant about the merits of their claim pre-action. The reason is that Insurers commonly send a letter repudiating the claim but not setting out the nature of their concerns in any detail. At the moment the Claimant decides whether to issue or not, such a stance makes it impossible accurately to assess the merits of the claim. Without knowing, for example, whether it is alleged that the parties were known to each other and the nature of the alleged connection, even the most detailed conference with the client is futile because it is hardly possible to anticipate every possible connection between individuals.
The Pre-Action Protocol applicable to Personal Injury cases provides that if liability is denied, the Defendant should...
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