Just by way of update, I have just been told that Hastings are making “full and final” settlement offers to claimant solicitors in respect of the injury element of a claim for PI, hire and/or repairs. The CHO suggest that this may be to form prejudice to all other elements of the claim, specifically the hire, as it seems to be a push on the “abuse of process” tactic insurers appear to be deploying more frequently these days.
I know that one CHO has instructed leading counsel to advise on these issues and if any other CHO wishes to support or join in their efforts, please let me know at firstname.lastname@example.org and I will effect the necessary introduction.
As an aside, I did circulate a helpful, but fact specific judgement, on this topic a while back. It addressed the misnomer that the RTA Protocol was a self contained process and impervious to the Overriding Objective. The relevant parts are from paragraph 55 et seq. and the judgement is available at the link below: