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To redress the balance, Bernard George:
Speaking as a defendant personal injury Solicitor who handles high value litigation ,there would have to be a major change in tactics from many in the Claimant Personal Injury community for some of these proposals to carry even a modicum of fairness or justice to both parties.
A regular tactic which I see in cases received from clients when Litigation has been served, often 3 years and 3+months after the accident , is that pre litigation there has been virtual radio silence from the Claimant's Solicitor. The favoured tactic is to "front load" by amassing a large volume of expert medical reports, and to then serve them for the first time along with a hefty schedule of loss ,when proceedings are finally served. In the meantime they have, for several years, ignored all requests from the Insurers for either a proper picture of the injuries and true value of the claim, or for facilities for examination of the claimant by the Insurer's nominated experts.
So when proceedings have finally been served, and the papers passed to me, I can be starting from scratch so far as evidence gathering for the Insurer is concerned.
In such a climate ,how on earth can my clients hope to get onto any sort of level playing field to mediate by the time of Directions/Case Management ,especially when those same claimant solicitors then also ignore my requests for examination facilities , telling me that I must wait for Court Directions ? Courts do not, in my experience, criticise or punish this conduct.
So the CCMC is the first time in such cases when my clients can hope to get any foothold or involvement in the case, let alone be ready to mediate!
Whilst I am all for mediation, especially when the service which we receive from the Courts is so shambolic,this must go hand in hand with the Civil Justice Council recommending strict rules to prevent uncommunicative front loading from Claimant PI Lawyers.

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