The pre-action personal injury protocol—pre-6 April 2015 [Archived]
The pre-action personal injury protocol—pre-6 April 2015 [Archived]

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

  • The pre-action personal injury protocol—pre-6 April 2015 [Archived]
  • Letter of claim
  • Documents
  • Experts
  • Rehabilitation
  • Resolution of issues
  • Taking stock
  • Relationship with the CPR protocol for low value claims
  • Compliance

THIS PRACTICE NOTE DEALS WITH PROVISIONS EFFECTIVE FROM 1 APRIL 2013. FOR CLAIM NOTIFICATION FORMS SENT ON OR AFTER 6 APRIL 2015, PLEASE REFER TO THE LATEST VERSION OF THIS PROTOCOL: The pre-action protocol for personal injury claims—6 April 2015 onwards.

To view a copy of the pre-action personal injury protocol—pre-6 April 2015 see:

pre-action personal injury protocol—pre-6 April 2015.

To view a copy of the pre-action personal injury protocol—post-6 April 2015 see:

pre-action personal injury protocol—post-6 April 2015.

This protocol is intended to apply to all claims which include a personal injury claim (except those claims covered by the low value road traffic accident protocol, the clinical disputes protocol, and the disease and illness protocol). Where the protocol applies it is relevant to the entire claim, not just the personal injury element. This revised protocol will only be effective from 1 April 2013.

The pre-action protocol is primarily aimed at cases with a personal injury element whose value is less than the fast track limit. However, the spirit of the protocol, which requires a cards on the table approach from all parties, is equally applicable to higher value multi track cases.

Letter of claim

The letter of claim must provide sufficient information so that the defendant can assess liability and the potential value of the claim. The letter should contain:

  1. a clear summary of