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

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

  • The pre-action protocol for low value personal injury (employers' liability and public liability) claims
  • Excluded cases
  • Forms
  • General provisions
  • Stage 1
  • Stage 2
  • Stage 3
  • Costs
  • Children
  • Limitation
  • more

The Pre-action Protocol for Low Value Personal Injury Claims in Employers' Liability and Public Liability Claims (the protocol) applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013. It is designed to increase the speed of decision making by imposing fixed response times and fixed costs on parties. The aim is to avoid the need for the claimant to start proceedings and for damages to be paid within a reasonable time.

Employer liability claims are defined as a claim by an employee against the employer for damages arising from:

  1. a bodily injury sustained by the employee in the course of employment; or

  2. a claim relating to a disease with which the employee is diagnosed that is alleged to have been contracted as a consequence of the employer's breach of statutory or common law duties of care in the course of the employee's employment, other than a physical or psychological injury caused by an accident or other single event

Public liability claims are defined as a claim for damages for personal injuries arising out of a breach of statutory or common law duty of care made against:

  1. a person other than the claimant’s employer; or

  2. the claimant’s employer in respect of matters arising other than in the course of the claimant's employment; but

    1. does not include a