Setting Liability Position¶
Claimant¶
A claim is either for quantum, liability, or both. Where a claim is for quantum, the liability has been agreed and must merely be captured. Where liability is in dispute, you will need to set your position.
Capture Agreed Liability¶
To capture the agreed liability, use the contributory negligence field and set the appropriate percentage.
Set Liability Position¶
To set the position on liabilty, select the party with primary liability (as the claimant, you will always select defendant), and using the percentage field add any contributory negligence that applies.
Add the value of the claim in the field provided. The nett claim value is calculated and shown below the claim value.
Defendant¶
A claim is either for quantum, liability, or both. Where a claim is for quantum, the liability has been agreed and must merely be captured. Where liability is in dispute, you will need to set your position.
Review Agreed Liability¶
In quantum only claims, liability is agreed. You should verify that the liability that has been captured by the claimant at referral is correct and reflects what was agreed between you as this contributory negligence figure will determine the reduction applied to the quantum.
Liability Offer¶
In liability or liability and quantum claims, you will need to set your offer on liability in response to the claimant's claim.
Open the offer by clicking on the “Offer +” button and capture your position on liability.
First, make a selection primary liability [1]. If you believe the claimant is liable, select the radio button for “Claimant”. If you select this option, contributory negligence will automatically set to 100% and become uneditable.
If you agree that primary liability lies with you as the defendant, click “Defendant” and set your position on the claimant’s contributory negligence [2].
You may add a comment in connection with your offer [3]. All documents linked by the claimant to their offer will be shown, as well as any comments they have made [4].
Once ready, click the “Save” button.