welcome

The Updated Rehabilitation Code

The code was updated back in August 2007 and although there has been a large amount of good coverage in PI Focus (September 2007) and of course at the recent APIL Rehabilitation Conference, we thought it worthwhile to highlight the key changes in this update. In short form, the notable changes include:-

  1. Early Intervention becomes highlighted as a goal
  2. A Pre-Action Protocol highlights the need for greater collaboration between Solicitor and Compensator
  3. Recommends use of the Code regardless of dispute on liability
  4. Highlights that there is no requirement for a Medical Report on the part of the Solicitor prior to instructing a rehabilitation process
  5. The instruction for rehabilitation can initially come from either Solicitor or Compensator
  6. Solicitors or Compensators must advise of any objection to use of any approved agency within 21 days
  7. There is a maximum 21 day response from a Compensator to a Solicitor’s wish for client rehabilitation
  8. A needs assessment (which now also allows for telephone assessment) should be provided within 14 days of referral letter.

www.bicma.org.uk

The update essentially increases focus on accelerating the rehabilitation process and sets timetables to improve collaborative working and response times. Early intervention underpins the updates.

In addition, for Scottish Solicitors, it has become clear that the Scottish Judiciary is now raising the profile of rehabilitation. The judiciary are keen that in all PI cases not only has rehabilitation been undertaken, but in litigation cases, there is full evidence that a programme has been in place and supported.