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Part 36 in Personal Injury Claims - Matthew Rose, Clarion Solicitors

10/10/16. I was recently instructed in relation to an RTA claim in which, following submission of the claim notification, form the defendant had written to the claimant stating that it had LVI concerns which, it said, required further investigation. The claimant thereafter wrote to the defendant confirming that due to the concerns raised, the matter was no longer suitable for the portal and therefore the matter had exited the portal pursuant to the paragraph 7.76 of the RTA Protocol.

The matter proceeded and ultimately settled by way of Part 36 following the issue of proceedings but before a case management conference.

The claimant sent a schedule to the defendant setting out the relevant costs with Table B under CPR 45.29A.

The defendant responded by stating that the fact that LVI was raised was not sufficient justification for the matter to exit the portal, that liability was admitted and that therefore the matter should have remained within the portal and the court should restrict the claimant to portal costs...

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