MoJ Guide¶
Quick Guide (Stage 3–equivalent arbitration)¶
Summary
Fast, paper‑only quantum determination for unresolved MoJ Portal Stage 2 cases. No liability decided. Stage 3‑style costs without court listing delays.
Summary¶
| Item | Details |
|---|---|
| Scope | Unsettled MoJ Stage 2 PI (RTA/EL/PL) |
| Decision | Quantum only (no liability) |
| Legal basis | Arbitration Act 1996; seat London; law of England & Wales. Equivalent to Stage 3 paper‑only assessment (CPR PD 49F §11.1(a)). |
| Who | Claimant & defendant reps; claims handlers seeking a binding damages award. |
| When | After CPP served and ≥ 5 calendar days elapsed; still in dispute. Not for fraud or costs‑only disputes. |
| Uploads (Claimant) | CPP Part A; medical reports served in Portal; docs already served under the Pre‑Action Protocol; Part B offers (separate upload); optional interest calculation. |
| Outcome | Final & binding award; enforceable as a judgment under s.66 AA 1996. |
Submission & evidence rules¶
| Item | Rule |
|---|---|
| New evidence after referral | Not admitted |
| Arbitrator questions | Clarifications only (no fresh issues) |
| Deductions | CRU / interims / Stage 2 deductions agreed by parties post‑award |
Flow (high-level)¶
- Claimant refers the case and uploads the Arbitration Pack.
- Defendant may object on compliance grounds; no substantive defence/evidence is filed.
- The arbitrator decides on the papers and may ask clarification questions only (no new evidence).
Note
This process is designed to provide a swift, cost-effective resolution without the need for a full court hearing or new evidence submissions.