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Where it is not possible to comply with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’) or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’) before the expiry of the limitation period, the claimant should:
start proceedings under CPR PD 8B
apply for a stay to comply with the protocol
(see para 5.7 of the RTA or EL/PL Protocol)
For further guidance, see Practice Notes: The pre-action protocol for low value road traffic accident claims—30 April 2013 onwards and The pre-action protocol for low value personal injury (employers’ liability and public liability) claims.
CPR PD 8B, para 16.7 states that:
‘Where, during Stage 1 or Stage 2 of the relevant Protocol—(1) the claim no longer continues under that Protocol; and(2) the claimant wishes to start proceedings under Part 7,the claimant must make an application to the court to lift the stay and request directions.’
‘Where, during Stage 1 or Stage 2 of the relevant Protocol—
(1) the claim no longer continues under that Protocol; and
(2) the claimant wishes to start proceedings under Part 7,
the claimant must make an application to the court to lift the stay and request directions.’
CPR 8.1(3) states: ‘the court may at any stage order the claim to continue as if the claimant
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