Q&As

Does the pre-action protocol for low value personal injury (employers' liability and public liability) claims apply to claims of unlawful arrest/misfeasance?

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Published on LexisPSL on 19/06/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Does the pre-action protocol for low value personal injury (employers' liability and public liability) claims apply to claims of unlawful arrest/misfeasance?
  • Definition of a public liability claim
  • Scope of the Protocol
  • Exclusions
  • Cost consequences

Definition of a public liability claim

The Pre-action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (the Protocol) defines a ‘public liability claim’ in the following terms:

‘1.1(18) 'public liability claim'—

(a) means a claim for damages for personal injuries arising out of a breach of a statutory or common law duty of care made against—

(i) a person other than the claimant's employer; or

(ii) the claimant's employer in respect of matters arising other than in the course the claimant's employment; but

(b) does not include a claim for damages arising from a disease that the claimant is alleged to have contracted as a consequence of breach of statutory or common law duties of care, other than a physical or psychological injury caused by an accident or other single event’

Scope of the Protocol

Para 4.1 of the Protocol sets out when it applies:

  1. ‘(1) either—

    (a) the claim arises from an accident occurring on or after 31 July 2013, or

    (b) in a disease claim, no letter of claim has been sent to the defendant before 31 July 2013

  2. (2) the claim includes damages in respect of personal injury

  3. (3

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