The following Personal Injury guidance note provides comprehensive and up to date legal information covering:
THIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015.
To view a copy of The pre-action personal injury protocol—pre-6 April 2015, see Practice Note: The pre-action personal injury protocol—pre-6 April 2015 [Archived] and
pre-action personal injury protocol—pre-6 April 2015.
This protocol is intended to apply to all claims which include a personal injury claim (except those claims which proceed under the low value road traffic accident protocol, low value employers and public liability 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.
The pre-action protocol is primarily for cases with a personal injury element with a value 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. The scope of this protocol has been reduced by the extension of the pre-action protocol for low value personal injury claims in road traffic accidents and the introduction of the pre-action protocol for low value personal injury (employers' liability and public liability claims). Now most fast track personal injury claims will commence under those protocols (portal claims).
See Practice Notes: The pre-action protocol for low value road traffic accident claims—30 April 2013 onwards and
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