Personal injury protocols

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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Personal injury protocols content

Practice notes
This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims...
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Produced in partnership with Sue Brown 15th Apr
Practice notes
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS...
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Produced in partnership with Sue Brown 15th Apr
Practice notes
For general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various pre-action protocols, see Practice...
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8th Apr
Precedents
ToDefendantDear [insert organisation name]Letter of NotificationRe: [Claimant’s Name, Address, DoB and NHS Number]We have been instructed to act on...
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24th Mar
Precedents
ToClaimantDear [insert organisation name]Letter of Response[Claimant’s name] v [Defendant’s Name]We have been instructed to act on behalf of...
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24th Mar
Practice notes
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS...
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Produced in partnership with Sue Brown 24th Mar
Q&As
We refer you to Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards and the...
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18th Mar
Q&As
For the purposes of this Q&A, it is assumed that the Portal referred to is the Pre-Action Protocol for Low Value Personal Injury Claims in Road...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 18th Mar
Practice notes
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to all road traffic accident (RTA)...
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18th Mar
Practice notes
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised Pre-Action Protocol for Low Value Personal Injury Claims...
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18th Mar
Practice notes
THIS PROTOCOL ONLY APPLIES TO LOW VALUE RTA CASES WHERE THE CLAIM NOTIFICATION FORM IS SUBMITTED TO THE DEFENDANT'S INSURERS BEFORE 30 APRIL 2013.The...
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18th Mar
Precedents
Dear [insert expert’s name]Re: [insert name of client and the client’s date of birth, address and telephone number]Date of accident: [insert date of...
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Produced in partnership with Marcus Weatherby of Pattinson Brewer 18th Mar
Practice notes
ARCHIVED: This Practice Note covers the Rehabilitation Code 2007. This code has now been updated. For details of the revised code, see Practice Note:...
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17th Mar
Q&As
The procedural steps in relation to obtaining medical evidence can be found in the relevant pre-action protocol which applies to the claim. For...
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17th Mar
Practice notes
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...
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17th Mar
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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11th Mar
Practice notes
BackgroundIn 1995, Lord Woolf at the outset of his review into the civil justice system of England and Wales identified that the key problems were...
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Produced in partnership with Sarah Phillips of Anderson Strathern 9th Mar
Practice notes
The Court’s background and nameSection 41 of the Court Reforms (Scotland) Act 2014 (‘The Act’) gave to Scottish Ministers the power to provide, by...
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Produced in partnership with Frank Hughes 9th Mar
Q&As
A claim proceeds under the Pre-Action Protocol for Personal Injury Claims where, for example, the Pre-Action Protocol for Low Value Personal Injury...
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4th Mar

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