Injury And Insurance Attys Relax Litigation Code Amid Virus

By Lucia Osborne-Crowley
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Law360, London (April 2, 2020, 1:59 PM BST ) Groups representing British personal injury and insurance lawyers have agreed to introduce a new relaxed set of standards to help claimants and lawyers during the COVID-19 crisis.

The Association of Personal Injury Lawyers and the Forum of Insurance Lawyers said in a joint statement Wednesday that they have agreed on new rules to help claimants and defendants access the legal system during the coronavirus outbreak, as the legal profession adapts to remote working.

"These are unprecedented times and both APIL and FOIL want to ensure that cases run smoothly across the U.K. so far as possible," said Gordon Dalyell, APIL president.

"Both organizations feel it is important to do what they can to help to resolve these issues together."

Under the arrangement, lawyers will be able to serve filings and evidence by email rather than in person, and will be able to conduct medical examinations via video conference, the groups said.

There will also be extensions of up to 56 days available to help lawyers comply with court directions and timetables that were already in place before the crisis hit. The two lawyers' organizations are also recommending that parties exchange their costs budgets with one another.

The new rules focus on the importance of communicating with claimants and defendants during the uncertainty of the COVID-19 crisis, as remote working arrangements mean that lawyers will not have regular access to their mail.

"Practitioners should engage with their counterparts by telephone and/or email with a view to resolving disputes effectively and efficiently," the guidelines say.

The new guidelines instruct lawyers to ensure their email signatures are updated with accurate contact information for their remote working arrangements.

Anthony Baker, FOIL president, said joint guidance will benefit all parties and help the legal system navigate the "choppy waters" of the health crisis.

"The COVID-19 pandemic has adversely impacted injured parties, insurers, FOIL members, and the claimant legal sector," Baker said. "However, during such difficult times it is testament to the collaborative nature of both sides of the industry that FOIL and APIL can work closely together to agree a best practice guidance document."

Courts across the U.K. have either put cases on hold or moved to a remote hearing model in recent weeks after the British government enforced strict lockdown measures to stem the spread of COVID-19, which has now infected more than 900,000 people worldwide.

--Editing by Rebecca Flanagan.

For a reprint of this article, please contact reprints@law360.com.

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