The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
This Practice Note only contains provisions effective from 6 April 2015 onwards for claims which have followed the RTA or EL/PL Protocol and from 7 May 2018 onwards for claims under the Package Travel Protocol.
These apply where the parties have followed the RTA or the EL/PL Protocol and have started proceedings under ‘the Stage 3 Procedure’ as per CPR PD 8B and an offer to settle is made a ‘Protocol offer’ under CPR 36.25 This must:
be set out in the Court Proceedings Pack (Part B) Form, and
contain the final total amount of the offer from both parties
The deemed date of the Protocol offer is on the first business day after the Court Proceedings Pack (Pts A and B) Form is sent to the defendant.
A Protocol offer is treated as exclusive of interest and has the consequences set out in this section only in relation to fixed costs of the stage 3 procedure, and not in relation to the costs of any appeal from the final decision of those proceedings.
A Protocol offer cannot be disclosed to the court until the claim is determined. The states that 'any other offer to settle' cannot
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