Pre-action

Practice notes

Dispute resolution—data protection and GDPR considerations

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...

Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 10th May

Practice notes

Norwich Pharmacal orders (NPOs)

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

7th May

Practice notes

All Scotland Personal Injury Court ‘ASPIC’

For guidance on coronavirus implications for dispute resolution in Scotland see Practice Note: Coronavirus (COVID-19) implications for dispute...

Produced in partnership with Frank Hughes 6th May

Scottish Law

Practice notes

The Scottish Personal Injury Pre-Action Protocol

For guidance on coronavirus implications for dispute resolution in Scotland see Practice Note: Coronavirus (COVID-19) implications for dispute...

Produced in partnership with Sarah Phillips of Anderson Strathern 6th May

Scottish Law

Practice notes

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Produced in partnership with Andrew Wilson 5th May

Practice notes

Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

29th Apr

Practice notes

Responding to a letter of claim—a practical guide

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which the...

29th Apr

Practice notes

Non-compliance with pre-action provisions

This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...

29th Apr

Practice notes

Medco

STOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims...

Produced in partnership with Sue Brown 27th Apr

Practice notes

Pre-action—costs recovery

Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...

26th Apr

Q&As

If a claimant suffers minor whiplash but is also experiencing significant psychological symptoms, will the claim be dealt with outside the road traffic accident portal? Another driver died in the accident.

RTA ProtocolThe Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol) applies to claims where the claimant...

21st Apr

Q&As

If a claim was originally started under the Employers Liability/Public Liability pre-action protocol but subsequently dropped out before it was allocated to a track, what costs and disbursements are recoverable where the claim settles for an amount above £25,000? Are only fixed costs and prescribed disbursements recoverable?

In Qader v Esure Services Ltd, Grant J found that the fixed costs regime applied to a claim removed from the protocol and pursued as a fast track...

21st Apr

Q&As

If a defendant is disputing limitation in an RTA portal claim, should it contest jurisdiction on the acknowledgement of service?

We assume that the claim occurred post-April 2013.In Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic...

21st Apr

Q&As

Do we need to instruct a medical expert through Medco for soft tissues injuries in a road traffic accident where the claim has exited the portal because either liability is denied or where the defendants failed to respond but where liability is now admitted?

AnalysisThe circumstances envisioned in the question are provided for by pararagraph 6.15 of the Pre-Action Protocol for Low Value Personal Injury...

Produced in partnership with David Willink of Lamb Chambers 21st Apr

Q&As

In a protocol case where limitation was due to expire and a protective claim form was issued under CPR PD 8B, what is the correct procedure for notifying the court that the claimant’s solicitors are no longer acting for the claimant?

In these circumstances, a protective claim will have been issued under CPR 8 in accordance with CPR PD 8B, para 1.1(3) using the procedure in CPR PD...

Produced in partnership with Christi Scarborough of 42 Bedford Row 21st Apr

Q&As

When taking over a claim from another firm of solicitors which started in the portal but subsequently fell out prior to taking over the claim, does a new claim notification form need to be submitted via the portal? Is that the correct procedure?

A second claim notification form (CNF) should not be submitted.The pre-action protocols for low value personal injury claimsMost personal injury...

Produced in partnership with David Peter of Devereux Chambers 21st Apr

Q&As

It is my understanding that there is no provision within the MOJ process for the defendant to put questions to the medical expert and therefore believe that if they wish to do so they should remove the claim from the process. Is there any case law or CPR rule to support this?

Case law on the above has not been found. However, the following may be useful for your purposes.The Pre-Action Protocol for Low Value Personal Injury...

21st Apr

Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...

Produced in partnership with David Sawtell of 39 Essex Chambers 21st Apr

Q&As

In a portal claim, if the defendant increases their offer after the Court Proceedings Pack is sent to them, but within the 35-day consideration period are the claimants able to recover the stage 3 costs?

We have assumed for the purposes of this Q&A that the claimant has not issued a claim form to the court in accordance with CPR Part 8 and CPR PD 8B...

21st Apr

Practice notes

Motor claims in the Portal—a practical guide (Stage 1)

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsSTOP PRESS: A new RTA small claims...

Produced in partnership with Sue Brown 21st Apr

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