Wind of change blows through personal injury sector

November 3, 2020

Personal injury litigation has become more efficient since the onset of Covid-19 with remote case management conferences, joint settlement meetings and low value trials all set to become the ‘new normal’ post pandemic – according to research released today.

In a poll by barristers Exchange Chambers and brain injury rehabilitation centre Calvert Reconnections, 52% of personal injury solicitors said that video-link technology and best practice guidelines for mutual cooperation have made the process “more efficient” in recent months.  29% said it has remained “the same”, while 19% believe the process is now “less efficient”.

Areas in which personal injury solicitors are calling for permanent change include:

  • CASE MANAGEMENT CONFERENCES.  Moving forward and irrespective of Covid-19, the vast majority (85%) of personal injury solicitors believe that case management conferences should take place remotely as the default position.
  • JOINT SETTLEMENT MEETINGS.  Moving forward and irrespective of Covid-19, the majority (58%) of personal injury solicitors believe that joint settlement meetings should take place remotely as the default position.
  • LOW VALUE TRIALS.  Moving forward and irrespective of Covid-19, the majority (60%) of personal injury solicitors believe that low value trials should take place remotely as the default position.

The shift towards a technology-led approach does not extend to all areas of the litigation however.  Areas in which personal injury solicitors prefer the status quo include:

  • MEDIATIONS.   Moving forward and irrespective of Covid-19, the majority (62%) of personal injury solicitors are against mediations taking place remotely as the default position.
  • HIGH VALUE TRIALS.  Moving forward and irrespective of Covid-19, the overwhelming majority (97%) of personal injury solicitors are against high value trials taking place remotely as the default position.

In other findings, 63% of personal injury solicitors believe that the exchange of information between barristers and solicitors is too paperwork heavy.

Commenting on the findings, Bill Braithwaite QC, Head of Exchange Chambers and Trustee at the Lake District Calvert Trust said:

“A wind of change is blowing through the personal injury sector. Personally, I hope it gets a lot stronger.

“Traditionally, we have approached too many areas of our work in an old-fashioned, inefficient way.

“Joint Settlement Meetings are just one example.  Over the last few months, we have undertaken hundreds of settlement meetings within Chambers by video.  They work.  Yes, they are different from meetings in person but for negotiation it is usually enough simply to talk.

“I’m also encouraged by the move towards remote case management conferences.  They are quicker, simpler, cheaper and at least as efficient.”

Continued Bill Braithwaite QC:

“I’m less encouraged by the reluctance to embrace remote mediations.  In my view, it shows the entrenched views of the profession.  Mediation on video is straightforward and effective and can be managed in just the same way as it can in person.”

Back to News