Compensation moved up to High Court - timescale?

Misslayed

A close relative was seriously injured in an RTC last year, the other driver was sentenced today, and the judge ruled that the compensation claim must be dealt with in the High Court, we assume because it may be a significant amount and/or complex legal arguments. I'm guessing the answer to my question may involve lengths of string, but does anyone have any experience of such matters? Rough timescale to the next stage? Covid will no doubt have an impact. Relative has had no income since the accident and is running out of options (except for bank of M&D). They have asked for an interim payment to cover their rent, replacement vehicle, living expenses.

Sandtree

Ok which "judge" said this?

Criminal law and civil law are two totally separate branches and action is totally independent. If is the judge for the criminal case then I can only assume this is the compensation for being a victim of crime but I've never heard of this for a motor accident. He would have no place commenting on the civil case and certainly cannot determin the track or court.

For the civil process of claiming damages for the tort of negligence then the value of the potential claim determines which track the claim falls into (Small, Fast or Multi). Over £25k goes into multi-track and these are often dealt with by the High Court but not always. 

Most claims don't end up going to court but because the law of limitations is 3 years proceedings may need to be issued to stop the claim from timing out. Realistically final settlement cannot be given until there is a firm prognosis for the long term impact of the injury, this can take years to get to whilst there are still options of surgery, physio or other things that may change the long term impact. 

Assuming there is no issues with indemnity or liability then the other driver's insurer is likely to be willing to make interim payments to resolve the immediate issues.  They should be talking to the solicitors representing them in the civil case though.

Misslayed

County court judge. 

Misslayed

Driver was charged with offences under the road traffic act, pleaded guilty on all charges. Compensation coming from driver's insurance company. Causing serious injury by dangerous driving (I may have got the exact wording of the charge wrong)

Sandtree

Misslayed said:

County court judge. 

I meant the criminal law judge trying the accused for the Dangerous Driving or the civil law judge conducting the directions hearing and allocating it to the multi-track

Misslayed

It was criminal law judge today. Waiting for the next step. Not heard of multi-track yet. Not been here before. The claim will be substantial, loss of vehicle, essential work tools in vehicle and loss of income already well over £25000. Physical and mental injuries could be permanent. 

Oneye12

Your last posting gave it away - This is a serious claim and there will no doubt be complications along the way not to mention many legal arguments - so High Court may be the forward.

Multi-track is County Court and is useful where there are no complex issues to deal with.
Time -Scale ? 
As long as it takes, if you have personal injuriy claims then think in years rather than months.

born_again

I think you would be better off asking who is dealing with your claim. You must have someone who is taking the case for you.

Sandtree

Misslayed said:

It was criminal law judge today. Waiting for the next step. Not heard of multi-track yet. Not been here before. The claim will be substantial, loss of vehicle, essential work tools in vehicle and loss of income already well over £25000. Physical and mental injuries could be permanent. 

Then it is highly likely he was expressing an educated but personal opinion... the two legal cases are independent as they are in totally separate branches of law.

As already advised, she should be speaking to her legal team who can advise her on wants agrees and what's in dispute. Assuming liability and indemnity are not disputed then its likely certain elements can be settled in the interim until the long term prognosis is known. It is fairly early for the case to have been issued unless there are concerns of head injury diminishing capacity unless there has been a material dispute over something.

The very nature of multi-track cases means there are few set rules as to how the case progresses because each one is different but there is likely to be several case management meetings along the way so the judge is kept informed and ensuring both sides are working towards the ultimate trial.