PIPD 3 - Pre-Action Protocol

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Questions and Answers

What is the primary purpose of mediation in the FIDRAC NEMA Scheme?

To encourage the parties to reach an amicable resolution (correct)

To provide legal representation to both parties

To establish a legal precedent for future cases

To resolve the matter through binding arbitration

Who is responsible for paying the mediation fee in the FIDRAC NEMA Scheme?

The insurers or financial institutions must pay $50 (correct)

Both the claimant and the insurer share the costs equally

Mediation costs are covered by the government

The claimant is responsible for all costs

What happens if mediation does not resolve the dispute in the FIDRAC NEMA Scheme?

The parties are required to reschedule mediation

The claim is dismissed without further actions

The case automatically goes to court

A neutral abjuricator is appointed for abjudication (correct)

What is a unique aspect of the abjudicator's decision in the FIDRAC NEMA Scheme?

It is only binding on the financial institution, not the claimant Signup and view all the answers

What is the cost of the abjudication fee for the claimant under the FIDRAC NEMA Scheme?

$250 excluding GST Signup and view all the answers

Which languages can the FEDRAC case managers conduct mediation in?

English and Mandarin Signup and view all the answers

According to the FIDRAC NEMA Scheme, what may be refunded after the abjudication process?

A sum of $200 may be refunded based on fee-drax prevailing rules Signup and view all the answers

What is the limitation period for a personal injury claim?

Three years Signup and view all the answers

In the case of Ng Kong Chut vs Tang Bige, what was the main issue concerning the multiple suits filed by the claimant?

The claimant was attempting to split the cause of action Signup and view all the answers

What was the conclusion reached by Justice Belinda Ang regarding the number of causes of action in the given case?

There was only one cause of action Signup and view all the answers

What must a claimant do when they have multiple claims arising from the same accident, according to the ruling?

Combine all claims into one single action Signup and view all the answers

How did the defendant's lawyers argue their case regarding the multiple suits filed by the claimant?

They claimed it was an abuse of court process Signup and view all the answers

What was a noted challenge for PIPD practitioners when dealing with mixed claims?

Splitting costs among defendants Signup and view all the answers

What additional suit did the claimant file alongside the NIMA and personal injury claims?

A claim for excess Signup and view all the answers

What is the limitation period for a NEMA claim?

Six years Signup and view all the answers

Which key legal principle was cited as informing the ruling in Ng Kong Chut vs Tang Bige?

Claimants cannot split a cause of action Signup and view all the answers

What fundamental element must be established to show liability for negligence?

Causation Signup and view all the answers

What is typically reserved by parties in state court when entering a consent judgment?

Causation Signup and view all the answers

What does the CDR process primarily focus on during litigation?

Responsibility for the accident Signup and view all the answers

How do CDL judges typically indicate liability in PIPD cases?

Through a percentage-based approach Signup and view all the answers

What does the Motor Vehicles Third Party Risk and Compensation Act require from motor insurers despite them disclaiming coverage?

Insurers must satisfy any judgment obtained by accident victims. Signup and view all the answers

What has Tang Wutian established regarding the practices in PIPD cases?

The consent judgment must always include causation. Signup and view all the answers

In the context of the Workmen Injury Compensation Act, what option is available to a workman injured during employment?

They can bring a claim under common law against their employer. Signup and view all the answers

In the context of PIPD litigation, what stage follows the determination of liability?

Assessment of damages Signup and view all the answers

What is a key role of motor insurers as discussed in the intervention process for personal injury claims?

To apply for court permission to intervene in PI claims. Signup and view all the answers

What is commonly discussed during the CDR process in relation to liability?

Specific details of the accident Signup and view all the answers

What does Public Trustees Circular No. 1 of 2014 primarily provide guidance on?

Payment processes and settlement sum distributions. Signup and view all the answers

What is a frequent addition made by defendant solicitors in interlocutory judgments?

Reservation of the issue of causation Signup and view all the answers

What is a characteristic of the Workman Injury Compensation Scheme mentioned?

It allows workmen to seek redress outside of court. Signup and view all the answers

What type of claim is referenced as having a very small quantum in the recent decisions discussed?

Personal injury claim Signup and view all the answers

What is the primary focus during the second stage at the AD CDR stage?

Damage evaluation Signup and view all the answers

What is the main legal principle established in the decision of Tan Ruten?

Causation is a liability issue. Signup and view all the answers

In the case discussed, what happens if a defendant disputes the causation of an injury?

Causation must be addressed at the liability stage. Signup and view all the answers

What is a key change in PIPD litigation as a result of the discussed case?

Causation must be treated as a liability issue before damages are assessed. Signup and view all the answers

What does Order 12, Rule 3 of the Rules of Court 2021 state about expert witnesses?

Parties must agree to appoint one common expert. Signup and view all the answers

What occurs if parties cannot agree on an expert witness in the State Court?

The court will appoint an independent expert. Signup and view all the answers

What specific issue related to causation is highlighted in the Saumizan case?

Disputed injuries can be ignored if one is accepted. Signup and view all the answers

Which of the following best describes the effect of interlocutory judgments on causation disputes?

They close the door on raising causation issues. Signup and view all the answers

What is the significance of bifurcation in regards to causation and damages according to the discussed principles?

Issues of liability must still be addressed at bifurcation. Signup and view all the answers

What does the new common expert rule imply for litigants in the High Court?

Litigants must collaborate to select a single expert. Signup and view all the answers

Study Notes

Pre-Action Protocol for PIPD Work

The legal process in PIPD cases starts with a decision to sue the other party in court.
Pre-action protocol required before commencing action in state court, no equivalent in high court.
An industrial practice involves sending a letter of demand to the motor insurers of the opposing party before a lawsuit.
This is part of the pre-action protocol.
Understanding the nature of the claim (bodily injury/personal injury, property damage) is crucial before suing.

Types of Claims

PIPD claims can be categorized as personal injury (PI) or property damage (non-injury motor accident - NIVA).
The type of claim influences the pre-action protocol procedures.

Pre-Action Protocol Details

The goal of the protocol is to streamline personal injury and non-injury motor accident claim management and encourage early settlements.
The claimant must provide sufficient details and documents to the opposing party to allow assessment and potential settlement before court action.
Documents required in letter of claim; accident statements, police reports, police catch plans, photographs, medical reports, medical certificates, medical bills, evidence of payment.
Income tax notices and other documentation for lost income.

Pre-Action Protocol Application/Exception

The protocol applies to all personal injury cases, including those arising from accidents, bodily injury, negligence, and fatal accidents.
Does not apply to medical negligence cases.
Applies to cases in State magistrate court or district court, not to High court cases.

Pre-Accident Survey/Notice of Accident (NIMA)

A notice of accident and a pre-accident survey are crucial aspects of the pre-action protocol in a NIMA claim.
This ensures a common surveyor/expert.
Aimed at determining whether repair costs match the accident damage.

Notice of Accident and Pre-Accident Survey

The claimant must notify the defendant and their insurance company regarding the accident before initiating repairs.
Permits an agreement upon a common surveyor to examine the vehicle.
Ensures that any repair work is directly related to the accident only.
Aimed to prevent exaggerated or fraudulent claims during repairs.

Letter of Claim

Crucial in the pre-action protocol.
The letter must be sent to the defendant and their insurers.
It needs to state the claim's facts, the nature of the injury or damage, the related special damages, and estimates of general damages.
Clear, complete details.

Case Management/Procedure Exceptions

The parties may have to provide more information regarding the case if it is in a dispute, or fails to comply with the requirements of the protocol.
The protocol may not be applicable in certain specific situations.

Experts (Experts-in-Court)

Parties must agree on a single expert, particularly in High court. State court allows multiple experts during the simplified process.
A court-appointed expert is used if there's disagreement; this is known as a single-join expert (SJE).

Court Procedure (Pre-Trial)

Parties should arrange a pretrial conference before the trial.
Discussions on the management of the trial process and any preliminary issues with the judge will take place.
In a bifurcating trial (High Court), liability assessment is completed first, followed by damages.

Court Procedure (Early Neutral Evaluation)

This may be used as a method to settle cases, especially those in state court.
The CDR judge examines the case and makes an initial assessment of how the case would ultimately be resolved, and what the relevant monetary amount may be.
Helps move the case toward settlement outside of trial.

Other Considerations

A claimant may file multiple cases if the situation involves multiple injuries.
Claims may be for bodily injury, and property damage in the same claim (combined).
Applicable timeframes for the required actions.

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Description

Test your understanding of the pre-action protocols involved in Personal Injury and Property Damage (PIPD) cases. This quiz covers legal processes, types of claims, and essential details about filing a lawsuit. Gain insights into the procedures required before commencing legal action.