Claimant and defendant lawyers, together with insurers, are locked in negotiations to create a 'multi-track code', a best practice agreement that aims to introduce a more collaborative approach in serious injury cases, the Gazette has learned.

Talks between the Association of Personal Injury Lawyers (APIL), the Forum of Insurance Lawyers (FOIL) and representatives of liability insurers began in April 2005 and have moved on apace since then.


Both lawyers' bodies have insisted that the code is not 'owned' by them, and that other parties are part of the process.


The talks have reached quite an advanced stage, with a 16-page draft document produced, but there is still said to be a lot of work to do before it is signed off.


As a starting point in what have been described as 'honest discussions', the groups produced a list of six things they did not like about the others' conduct.


The code is expected to have a greater focus on the claimant's needs, such as quicker and easier recourse to rehabilitation.


Another aspect is looking at how certain 'neutral' steps can be done in the most proportionate way - an example is avoiding both sides independently seeking out the claimant's medical records.


FOIL president Neil McLaughlin said the opposing sides of the personal injury world had found common ground, but stressed that issues are still being explored and 'discussions are ongoing'.


APIL chief executive Denise Kitchener said: 'Our involvement is to assist with streamlining the claims process, and through continued dialogue with other stakeholders we aim to ensure claimants' interests are represented and taken into account.'