The Ministry of Justice...

The Ministry of Justice (MoJ) is currently the defendant in a personal injury claim pursued by ten prison officers injured in two separate road traffic accidents (RTA).

In 2013, the MoJ stipulated that all parties involved in low value accidents must use its fixed fee claims portal. However, the MoJ has no presence on its own portal and still expects Express Solicitors to charge the lower fixed cost fees associated with it.

As part of the Crown, the MoJ is self-insured and the accident in question, classed as an RTA rather than an employers’ liability claim, is being defended by the Treasury Solicitors Department.

In a letter to Express Solicitors, Paul Martin for the Treasury Solicitor wrote: ‘Although the Treasury Solicitors Department has no presence on the MoJ Portal, we consider that provided the appropriate time limits are adhered to, the fixed costs regime for low value RTA personal injury claims will apply to this claim and trust that you agree.'

Rachel Flannigan, a partner at Express Solicitors, said: "We're absolutely gobsmacked that the MoJ is not using the claims portal it set up and forced everyone to use. Talk about a case of double standards. Why is the MoJ not in it when everyone else has to be? The lower costs for using the portal is an incentive to be on it, but if you're not on it, clearly the protocol cannot apply.

"To rub salt into the wound, the MoJ wants to conduct our case outside the portal, but only wants to pay portal costs - it beggars belief."

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