Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

Another question is why does the CNF contain a statement of truth in the first place?

It is simply a document to notify an insurer of a claim against it and to allow them to investigate and set a reserve for the potential pay out, the old letter of claim did not require a statement of truth so why should the electronic version?

I recall a case a few years ago (pre-Portal) where the court stated that an insurer could not rely upon inconsistencies between the letter of claim and the pleaded case as the letter of claim was simply to provide an outline of the case whereas the pleadings were intended to be more specific so why should the CNF require a SoT?

Clearly a Defendant may wish to exploit any inconsistencies in a CNF at a trial if it so wishes but given that most RTA instructions are taken over the telephone and in the immediate aftermath of a collision, the idea that if there are any errors contained within this information that this could lead to contempt of court for either the client or the solicitor is absurd.

Your details

Cancel