Q&As

In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period are the claimants able to recover the stage 3 costs?

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Published on LexisPSL on 01/12/2016

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

  • In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period are the claimants able to recover the stage 3 costs?
  • The RTA protocol
  • Costs implications of settling prior to issuing a claim form
  • Where claim form has been issued

We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B following the expiry of the applicable time periods relating to consideration of the Settlement Pack sent to the defendant as part of Stage 2 of the RTA Protocol procedure.

The RTA protocol

Pursuant to the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol), there is a 35-day period for consideration of the Stage 2 Settlement Pack by the defendant. The total consideration period can be extended by the parties agreeing to extend either the initial consideration period or the negotiation period or both.

If the parties are unable to reach agreement after expiry of the set or agreed period, the claim will proceed to Stage 3.

As an interim step, the claimant should send the defendant the Court Proceedings Pack (part A and part B) Form which must contain:

  1. Part A—the schedule of the claimant's losses and the defendant's responses which only contains the offers made under the RTA protocol, together with supporting comments and evidence from

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