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PI Brief Update

Introducing PIcARBS, The Personal Injury Claims Arbitration Service - Andrew Richie QC, 9 Gough Square

11/07/15. The following is taken from a booklet published by PIcARBS. Many shipping, building and commercial disputes are resolved by arbitration. So why is arbitration not used to resolve personal injury and clinical negligence claims? Arbitration should be used. It is quicker, much more cooperative and flexible and less expensive than the civil justice system.

There are powerful reasons in existence now for turning away from use of the civil justice system as the only means to resolve personal injury and clinical negligence claims.

Firstly, because the Ministry of Justice has cut back court funding in the last 3 years by over 20%. [http://www.theguardian.com/society/2010/aug/10/ministry-justice-jobs-cut-third]

Secondly, because standard court fees have been increased substantially in personal injury and clinical negligence cases. [Cmnd 8845]

Thirdly, because the “enhanced” court fees imposed in March 2015 put in effect a wholly new taxation on personal injury and clinical negligence claims expressly designed so that these will cross subsidise family and other claims in the civil courts...

Image ©iStockphoto.com/onurdongel

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.