Q&As

Where Part 8 proceedings are issued in a portal claim due to limitation, can this amount to an abuse of process in circumstances where the claimant alleges the claim should exit the portal because it is now valued in excess of £25,000 but the defendant maintains the claim should always have been valued in excess of £25,000 and therefore Part 7 proceedings should have been issued and not Part 8?

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Published on LexisPSL on 24/07/2019

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

  • Where Part 8 proceedings are issued in a portal claim due to limitation, can this amount to an abuse of process in circumstances where the claimant alleges the claim should exit the portal because it is now valued in excess of £25,000 but the defendant maintains the claim should always have been valued in excess of £25,000 and therefore Part 7 proceedings should have been issued and not Part 8?
  • Abuse of process
  • Deliberately undervaluing a claim

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:

  1. start proceedings under CPR PD 8B

  2. 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.’

CPR 8.1(3) states: ‘the court may at any stage order the claim to continue as if the claimant

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