Q&As

How is interest on special damages calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court?

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Produced in partnership with Daniel Laking of 39 Essex Chambers
Published on LexisPSL on 18/09/2018

The following PI & Clinical Negligence Q&A produced in partnership with Daniel Laking of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • How is interest on special damages calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court?

Low value road traffic accident and employer’s/public liability claims in which liability is admitted proceed through the Ministry of Justice Portal. The rules of the Portal are governed by the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims and Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocols).

The vast majority of such claims will settle pre-issue without the requirement of going to a hearing. Proceedings will not need to be issued. Therefore, the usual principles of interest calculation become difficult to apply. Of course, if a case proceeds to stage 3, it will be issued as a Part 8 claim, and a date of issue will be ascertainable. However, for cases that settle at stage 2, the Protocols provide no hard-and-fast rule as to when interest begins

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