Q&As

Should claims arising from defective products be submitted through the claims portal?

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Produced in partnership with Christi Scarborough of 42 Bedford Row
Published on LexisPSL on 29/01/2018

The following PI & Clinical Negligence Q&A Produced in partnership with Christi Scarborough of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • Should claims arising from defective products be submitted through the claims portal?
  • The pre-action protocol for low value personal injury (employers’ liability and public liability) claims
  • The pre-action protocol for low value personal injury claims in road traffic accidents
  • Claims where the claims portal may not be applicable

There are two pre-action protocols which require claims within their scope to be submitted via the claims portal. These are the pre-action protocol for low value personal injury claims in road traffic accidents (the RTA protocol) and the pre-action protocol for low value personal injury (employers’ liability and public liability) claims (the EL/PL protocol).

The pre-action protocol for low value personal injury (employers’ liability and public liability) claims

The scope of the EL/PL protocol is defined at rules 2.1 and 4.1 as follows:

‘2.1 This Protocol describes the behaviour the court expects of the parties prior to the start of proceedings where a claimant claims damages valued at no more than £25,000 in an employers’ liability claim or in a public liability claim. The Civil Procedure Rules 1998 enable the court to impose costs sanctions where this Protocol is not followed.

4.1 This Protocol applies where—

(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) the claim includes damages in respect of personal injury;

(3) the claimant values the claim at not more than £25,

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