RTA Portal today launches a Behaviour Committee pilot to guide users and help mediate in circumstances involving inappropriate use of the portal, which is intended to reflect the Protocol for low value claims.
Running until 31 May 2011, the pilot has been instigated for cases where compensators and claimant representatives are not able to resolve the matter together, in which case the matter will be escalated to the Behaviour
Committee. Subject to successful completion of the pilot and user feedback, the initiative will become a permanent service.
From time to time, issues may arise between compensators and claimant representatives (such as inappropriate use of Article 75; claims submitted without retainers; inappropriate use of Interim Settlement Packs and extensions of time without prior agreement). Where a satisfactory outcome has not been achieved, when a user has identified an issue and addressed this in writing with the organisation concerned, the objective of the Behaviour Committee is to provide general guidance on appropriate behaviour expected by users of the Portal to assist in a resolution. Guidance provided by the Committee is not intended to be binding.
The Committee, made up of a claimant and compensator representative, will meet on a monthly basis and provide a non-biased approach and guidance to any behavioural issues that have been submitted using the Behaviour Report Form now available via the members’ area of the RTA Portal Co information site.
Behavioural issues will be considered in the context of the Civil Procedure Rules and Practice Directions, including the Pre-Action Protocol for Low Value Personal Injury Claims, the objectives of that Protocol and the spirit in which it was introduced. The Committee will call on stakeholder advice if required.