Q&As

Should I issue protective Part 7 or Part 8 proceedings? I have recently submitted the CNF but limitation is due to expire and it is unlikely the defendant will confirm their position on liability before this time. I am fairly sure I need to issue Part 8 proceedings and follow the procedure set out at paragraph 16 by asking for a stay in order to comply with the relevant protocol?

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Published on LexisPSL on 02/05/2018

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

  • Should I issue protective Part 7 or Part 8 proceedings? I have recently submitted the CNF but limitation is due to expire and it is unlikely the defendant will confirm their position on liability before this time. I am fairly sure I need to issue Part 8 proceedings and follow the procedure set out at paragraph 16 by asking for a stay in order to comply with the relevant protocol?

Where the claim has started in the RTA or EL/PL portal, the relevant paragraph of the relevant protocol is para 5.7, which states as follows:

‘Where compliance with this Protocol is not possible before the expiry of the limitation period the claimant may start proceedings and apply to the court for an order to stay (i.e. suspend) the proceedings while the parties take steps to follow this Pro

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