The Ministry of Justice has conceded defeat over its timetable for introducing a new claims process for road traffic cases, as the Gazette predicted last week (see [2009] Gazette, 23 April, 3).

A letter sent to stakeholders this week says it now hopes to have the rules approved in December – five months later than planned – with implementation in April 2010 rather than October this year.

The inability of claimant and defendant groups to agree the details of the process – even before getting on to the level of fee-earner, amount of time and fee to undertake each stage – has forced the MoJ to call in the Civil Justice Council to mediate. The decision to delay came on the first day set aside for the mediation.

Confusion also remains over the impact on the talks of Lord Justice Jackson’s review of costs. If they are linked, then April will also not be feasible as the judge will not issue his final report until Christmas.

Association of Personal Injury Lawyers chief executive Denise Kitchener said: ‘We are pleased the MoJ has recognised that more time is needed. For some time we have had concerns about how implementation of IT and other system changes, as well as training staff and all that involves, could realistically be completed by October.’ She reiterated the association’s call for independent research and a pilot of the process.

Anthony Hughes, president of the Forum of Insurance Lawyers, described the delay as ‘disappointing’. One way to make progress would be to agree the overall level of fees first and then work backwards, Hughes said.