Griffiths v Rust & Anderson v Samuel-Phillips Judgement
The conjoined appeal cases of Griffiths and Anderson have been handed down and are now available to access in the members area of The CHO website.
This further highlights the issues of claims settling on the personal injury portal where the vehicle related damages, specifically hire charges, are being negotiated outside of the portal.
In these cases, the defendant abandoned the appeals, but had argued that as the claims had ‘settled’, then the outstanding vehicle related damages were not recoverable as they were not included within the portal.
The issues were very similar to those raised within Poku v Abedin, so perhaps no surprise that the appeals were withdrawn by the defendant.
While the new rules are hotly anticipated, The CHO has been lobbying the MoJ and CPRC to highlight this issue and how, when this is being challenged now when the claimant has legal representation, there is a potential impact when the injury claim is pursued by the litigant in person and is on an unequal footing with the defendant if they refuse to pay for anything not presented by within the portal.
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