CPL has agreed to set up and maintain the “NIHL List” as required under Annex E to the Disease and Illness Claims PAP (set out below) to be introduced on 1st October 2023.
We ask that any compensators who wish to be on the NIHL List contact us as soon as possible so that we can compile a list, which we will then publish on the Claims Portal website. We understand from the MoJ that it is anticipated that after 1st October 2023, most of the claims handled under the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims will be those against the legacy body organisations handling claims against the former state-owned companies such as British Steel and the Coal Authority.
Firms representing defendants who wish to be entered on the Claims Portal list, or who represent one of the legacy body organisations, are asked to get in touch with Claims Portal as soon as possible at ClaimsPortal@mib.org.uk
Regards
Phil Dicken
Claims Portal Limited Chair
Annex E
Claims against sole defendants
E5. The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”) applies to a disease claim brought against a sole defendant, where that defendant appears on the list maintained by Claims Portal Ltd. (“the NIHL List”) for the purposes of this paragraph.
E6. A defendant may be entered by Claims Portal Ltd on the NIHL List—
(a) where the defendant is still trading; or
(b) where the defendant is no longer trading, all relevant insurers have agreed to the defendant’s name being entered on the list.
E7. The effect of the defendant’s name being entered on the NIHL List is that all claims against that defendant as sole defendant must start in the EL/PL Protocol rather than under this Annex of this Protocol.
E8. Where the defendant’s name has not been entered on the NIHL List at the date when the letter of claim is sent, a claim against that defendant as sole defendant must be started in accordance with this Annex of this Protocol.
