The agreement, which emphasises the importance of efficient communications between the two, usually opposing, sides, is the joint initiative of the Association of Personal Injury Lawyers (APIL) and the Forum of Insurance Lawyers (FOIL). It sets out measures to accept service and evidence by email, and agreeing to use a form of video conferencing for medical examinations when appropriate.
Medco, the system for sourcing medical reports for soft tissue injury claims, has agreed the current ban on the use of remote examinations will be lifted, but with conditions. Both parties will face challenges complying with existing court directions and timetables, but there is now case law to support extensions of up to 56 days with consent.
Both Apil and FOIL recommend that practitioners are minded to consent to requests for extensions. They also ask that, where possible, parties exchange their costs budgets.
‘These are unprecedented times and both APIL and FOIL want to ensure that cases run smoothly across the UK so far as possible,’ said Gordon Dalyell, APIL president.
‘Our members told us their concerns about remote working and how they might adapt to the new way in which the courts are operating. Defendants are also going to have their own difficulties. Both organisations feel it is important to do what they can to help to resolve these issues together.’
Anthony Baker, FOIL president said: ‘During such difficult times it is testament to the collaborative nature of both sides of the industry that FOIL and APIL can work closely together to agree a best practice guidance document.
‘Following this joint guidance where possible will be of benefit to all and hopefully ensure that we can navigate these choppy waters with understanding and cooperation at the forefront of what we do.’
The guidance can be found on the FOIL website at www.foil.org.uk. It is on the APIL website at: www.apil.org.uk
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