Q&As

Will a personal injury claim against a beauticians (who are trading as a limited company) be classified as a public liability claim? Would the EL/PL pre-action protocol apply to this type of case?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 14/11/2016

The following PI & Clinical Negligence Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • Will a personal injury claim against a beauticians (who are trading as a limited company) be classified as a public liability claim? Would the EL/PL pre-action protocol apply to this type of case?

The applicable pre-action protocol will depend upon the nature of the case against the beautician to be pursued. If the claimant is an employee of the beautician, or a member of the public simply visiting the beautician’s premises, then (if it has a value of less than £25,000) the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability (EL/PL)) Claims (the EL/PL Protocol) will apply to the claim. For more information on this protocol, see Practice Note: The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims.

Matters become less clear, however, if the proposed claim is for treatment provided by the beautician. Such would, it is suggested, be a claim for professional negligence, as this would be a claim based upon the alleged failure of the beautician to discharge their duties with the skill and care expected of a qualified or practising beautician. It is likely that expert evidence would be required to est

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