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?

<p>It is only binding on the financial institution, not the claimant (A)</p> Signup and view all the answers

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

<p>$250 excluding GST (A)</p> Signup and view all the answers

Which languages can the FEDRAC case managers conduct mediation in?

<p>English and Mandarin (C)</p> Signup and view all the answers

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

<p>A sum of $200 may be refunded based on fee-drax prevailing rules (A)</p> Signup and view all the answers

What is the limitation period for a personal injury claim?

<p>Three years (A)</p> 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?

<p>The claimant was attempting to split the cause of action (B)</p> 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?

<p>There was only one cause of action (A)</p> 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?

<p>Combine all claims into one single action (D)</p> Signup and view all the answers

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

<p>They claimed it was an abuse of court process (C)</p> Signup and view all the answers

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

<p>Splitting costs among defendants (D)</p> Signup and view all the answers

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

<p>A claim for excess (A)</p> Signup and view all the answers

What is the limitation period for a NEMA claim?

<p>Six years (B)</p> Signup and view all the answers

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

<p>Claimants cannot split a cause of action (A)</p> Signup and view all the answers

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

<p>Causation (A)</p> Signup and view all the answers

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

<p>Causation (A)</p> Signup and view all the answers

What does the CDR process primarily focus on during litigation?

<p>Responsibility for the accident (D)</p> Signup and view all the answers

How do CDL judges typically indicate liability in PIPD cases?

<p>Through a percentage-based approach (A)</p> 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?

<p>Insurers must satisfy any judgment obtained by accident victims. (B)</p> Signup and view all the answers

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

<p>The consent judgment must always include causation. (B)</p> 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?

<p>They can bring a claim under common law against their employer. (D)</p> Signup and view all the answers

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

<p>Assessment of damages (A)</p> Signup and view all the answers

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

<p>To apply for court permission to intervene in PI claims. (A)</p> Signup and view all the answers

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

<p>Specific details of the accident (A)</p> Signup and view all the answers

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

<p>Payment processes and settlement sum distributions. (A)</p> Signup and view all the answers

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

<p>Reservation of the issue of causation (B)</p> Signup and view all the answers

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

<p>It allows workmen to seek redress outside of court. (B)</p> Signup and view all the answers

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

<p>Personal injury claim (D)</p> Signup and view all the answers

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

<p>Damage evaluation (A)</p> Signup and view all the answers

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

<p>Causation is a liability issue. (C)</p> Signup and view all the answers

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

<p>Causation must be addressed at the liability stage. (A)</p> Signup and view all the answers

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

<p>Causation must be treated as a liability issue before damages are assessed. (B)</p> Signup and view all the answers

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

<p>Parties must agree to appoint one common expert. (D)</p> Signup and view all the answers

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

<p>The court will appoint an independent expert. (C)</p> Signup and view all the answers

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

<p>Disputed injuries can be ignored if one is accepted. (B)</p> Signup and view all the answers

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

<p>They close the door on raising causation issues. (B)</p> Signup and view all the answers

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

<p>Issues of liability must still be addressed at bifurcation. (B)</p> Signup and view all the answers

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

<p>Litigants must collaborate to select a single expert. (D)</p> Signup and view all the answers

Flashcards

FIDRAC NEMA Scheme stages

The FIDRAC Non-Injury Moto Accident Scheme has two stages: mediation and abjudication.

Mediation (FIDRAC NEMA)

An attempt to settle a dispute amicably(between the parties) without a court proceeding.

Abjudication (FIDRAC NEMA)

A process where a neutral abjuricator settles a dispute.

Mediation fees (FIDRAC NEMA)

Claimant pays nothing; insurer pays $50.

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Abjudication fees (FIDRAC NEMA)

Claimant pays $250, insurer pays $500 (excluding GST).

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Abjuricator's decision (FIDRAC NEMA)

Binding on the financial institution, not the claimant.

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Exceptions to abjudication (FIDRAC NEMA)

Certain types of claimants, such as corporations, may have exceptions to the abjudication process.

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Mixed Claim

A claim involving both a NIMA (No Insurer/Motorist Access) claim and a personal injury claim arising from the same accident.

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NIMA Claim

A claim against an uninsured or unqualified motorist accident.

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Personal Injury Claim

A claim for damages resulting from injuries sustained in an accident.

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Limitation Period (NIMA)

Six years for a NIMA Claim.

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Limitation Period (Personal Injury)

Three years for a personal injury claim.

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Single Cause of Action

A single event, like an accident, is at the root of multiple possible types of claims.

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Abuse of Court Process

Filing multiple lawsuits arising from the same incident, potentially increasing legal costs and complexity for defendants.

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Ng Kong Chut vs Tang Bige

A legal case illustrating that a single incident can be the basis of multiple claims, which should be brought together.

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Splitting the Cause of Action

Bringing separate lawsuits for different aspects of the same legal issue and thus increasing unnecessary legal costs.

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Causation in Negligence

A fundamental element in proving negligence liability; it's about proving the defendant's actions directly caused the plaintiff's loss.

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Quantum of Loss

The amount of monetary loss suffered by the plaintiff. It's determined separately from proving causation, typically at damages assessment, not liability stage.

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Consent Judgement (in PIPD cases)

A judgement agreed to by both sides in court, allowing agreement on some aspects but deferring or reserving consideration of others, often causation, specifically in personal injury cases.

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CDR (Case Discussion Resolution)

A pre-trial process where parties discuss liability for an accident. Focuses on assigning fault or responsibility in the incident.

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Liability for Accident

Determining who was responsible for an accident. It means determining fault or responsibility for the occurrence itself.

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PIPD

Personal Injury Protection, type of insurance coverage.

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State Court vs. High Court (PIPD cases)

A difference in practices; the state court could reserve discussion of causation whereas the high court typically handles both liability and causation in PIPD disputes, in most cases.

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MAG

Used in determining responsibility for an accident in CDR (sometimes based on legal expert guides or texts.)

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Interlocutory Judgement

A temporary judgement made during a trial; often in CDR processes settling only some aspects of the case, reserving others for later.

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Causation Reserve

A clause in a consent judgement, highlighting that the issue of whether the accident caused the specific injury is reserved for later trial.

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Public Trustees Circular No. 1 of 2014

This circular provides guidelines on how settlement sums are paid in PI claims, including details about the insurance company's payment process.

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Insurance payment in PI claims

Insurance companies usually pay a portion directly to the claimant and another portion to the claimant's lawyer (S&C costs) directly.

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Intervening insurers

Motor insurance companies can intervene in PI claims, seeking permission from the court to participate, when they've refused to provide indemnity due to policy terms.

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Workmen Injury Compensation Act

This law provides a separate process for handling injuries sustained by workers during employment, outside of the typical court system.

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Common law claim for work injury

Injured workers can pursue their case in court under common law, even after using the Workmen Injury Compensation Scheme.

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Causation in Personal Injury

Determining whether the defendant's actions directly led to the claimant's injuries.

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Bifurcated Trials

Trials separated into two stages: liability (whether the defendant is responsible) and damages (how much compensation is owed).

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Liability Stage in Personal Injury

The stage of a trial where the court decides if the defendant is responsible for the claimant's injuries.

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Assessment of Damages Stage

The stage of a trial where the court determines the amount of compensation owed to the claimant for their injuries.

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Partial Causation Dispute

A dispute where the defendant acknowledges some injuries but denies others, arguing they were not caused by the accident.

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Causation Argument after Interlocutory Judgment

Once an interlocutory judgment is made, parties cannot dispute causation again.

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Single-Join Expert (Common Expert)

A single expert appointed by all parties in a case to provide impartial evidence.

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Simplified Trial Process

A streamlined approach to trials in lower courts, aiming for quicker resolution.

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Independent Expert Appointment (Simplified Trial)

In simplified trials, parties cannot select their own expert; the court may appoint one if they cannot agree.

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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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Related Documents

PIPD Legal Process PDF

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.

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