THE IMPACT ON TRAVEL CLAIMS AND LITIGATION IN THE UK 311 1. An agreement that all limitation dates in all personal injury cases are frozen and claimants undertake to respond constructively to defendant requests for extension of time to serve a Defence; 2. An escalation process whereby any issue arising by a party’s failure to act in accordance with the agreement in 1. above and which cannot immediately be resolved between the parties is referred to an email and/or telephone ‘hotline’ specifically established for this situation; and 3. A commitment that the email and telephone hotline will be monitored regularly and referred to senior people within the respective organisations who will be able to make a swift decision as to whether the stance being taken should be adjusted in light of prevailing circumstances.”. The reasoning behind the Extension is clear. The more challenging the times, the greater the need for co-operation between parties; and these were undoubtedly challenging times. The signatories to the Extension agreed to put aside any differences they might have, and, in exchange for an agreement to allow those representing Claimants more time, in which to consider whether to issue proceedings, Defendants’ representatives would have a longer period within which to consider their response to any claims which were issued and served. In the author’s view, this was an eminently sensible approach. It was in nobody’s interests for Claimants’ solicitors to be forced to issue claims whilst still becoming familiar with the logistics of remote and flexible working; or, indeed, for Defendants’ solicitors to have to file and serve Defences while their clients, particularly those based overseas, might be struggling with the same issues, and, in the case of those based in the hardest-hit areas, with even more pressing difficulties. 1.2. The Amendment to the Civil Procedure Rules The Civil Procedure Rules are, as the name suggests, a set of procedural rules governing the pre- and post-issue conduct of civil claims. On 2 April, new Practice Direction 51ZA came into force. The Rules Committee, charged with updating the rules in the context of an unprecedented pandemic, acknowledged with the amendment that the restrictions in working and movement of people, procedural steps were likely to take longer. In essence, it was inevitably taking longer to get instructions, obtain disclosure and arrange expert appointments, when most people were practising social distancing and working from home without necessarily having ready access to documents. At the same time, getting
RkJQdWJsaXNoZXIy MTE4NzM5Nw==