Defining The Pre Action Protocols

The Pre-Action Protocols for compensation claims set out the steps that both the party making a claim (the claimant) and the party being claimed against (the defendant) should take prior to any formal court proceedings taking place. The Protocols were introduced in 2015, under the prior Civil Procedure Rules (CPR), with the aim of encouraging parties to investigate, exchange information, negotiate, and settle claims before any court proceedings. These Protocols may involve the use of alternative dispute resolutions, helping to resolve cases more efficiently and with reduced costs.

The specialist personal injury solicitors on our panel understand how stressful the claims process can be and that you may encounter a variety of legal, medical, or technical terms. In our legal glossary, we break down more of these terms.

A solicitor from our panel could guide you through the process of making a claim on a No Win No Fee basis. Please contact an advisor at Compensation Claims UK to learn more about pre-action conduct today.

 

Frequently Asked Questions

• What Is The Importance Of Pre-Action Protocols?
• Are There Different Pre-Action Protocol Types?
• Do Pre-Action Protocols Have Different Stages?
• Are There Penalties For Not Following The Pre-Action Protocols?
• Will A Case Be Able To Settle Whilst In The Pre-Action Protocol Stage?
• What Can Compensation Calculator UK Help With?
• Learn More

What Is The Importance Of Pre-Action Protocols?

The Pre-Action Protocols are an important process, designed to ensure that all parties to a claim act in a reasonable way, follow a set process, and which encourage settlements to be reached out of court.

They encourage,

• Streamlining and efficient management of the claims process.
• The use of alternative dispute resolution methods, such as mediation.
• The mandatory early exchange of information so both sides can clearly understand the case.
• Time and cost savings, by facilitating the early resolution of cases.

These Protocols also define the conduct courts expect of both parties. Parties incur disproportionate costs and may find they face court penalties if they fail to follow these Protocols.

The Pre Action Protocol does not affect statutory time limits to start court proceedings. In the event that the Protocol timeline conflicts with the relevant limitation period, you may need to apply to the court to stay proceedings.

An experienced solicitor is best placed to help you follow the Pre Action Protocol, some steps of which can be complex and filled with legal terminology that you may not have come across before.

Are There Different Pre-Action Protocol Types?

Yes, in England and Wales there are different types of Pre Action Protocol which apply to specific categories of civil claims, such as those applying to personal injury, medical negligence, data breach, or housing disrepair cases.

Different Pre Action Protocols apply to claims, such as;

Low value claims
Protocols may apply to low value road traffic accident, public liability, and employers liability claims such as,

• Road accident claims valued at up to £25,000.
• Public or accident at work claims valued at up to £25,000.

These Protocols are designed to speed up the claims process and reduce costs incurred.

High Value claims
High value claims may follow the Practice Direction – Pre Action Conduct and Protocols (PDPAC). Such cases may involve complex injuries or liability issues and require multiple expert reports as well as extensive disclosure.

Medical negligence
Medical negligence claims must follow the Pre-Action Protocol for the Resolution of Clinical Disputes. These protocols,

• Apply to clinical disputes involving the NHS and private healthcare providers.
• Encourage the early disclosure of medical records and use of experts.
• Set out strict requirements for the stages a claim must go through.

Data breach
Data breach claims fall under the Pre-action Protocol for Media and Communications Claims which apply to cases involving data protection law and the misuse of private information. Data breach claims involving the UK GDPR and the misuse of personal data may be made in line with these protocols.

Housing disrepair
Different pre-action protocols may apply depending on where your housing disrepair claim is made. These include the,

• Pre-Action Protocol for Housing Conditions Claims (England).
• Pre-Action Protocol for Housing Disrepair Cases (Wales).

Once connected to a solicitor from our panel, they could help you understand the relevant Pre Action Protocol for your case. Get in touch today.

Do Pre-Action Protocols Have Different Stages?

Yes, the Pre-Action Protocols follow structured stages including letter of notification and claim, investigation and response by the defendant, and the disclosure of documents and evidence. The stages include,

Letter Of Notification

The letter of notification is sent to the defendant informing them of your intention to take legal action against them. The letter should set out the basis of the claim and the grounds on which it is being made. This allows the defendant to assess their liability. They have 14 days to acknowledge their receipt of the letter.

Letter Of Claim

The Letter of Claim provides a formal overview of the basis of the claim being made. The content of the letter may differ depending on the type of claim being made. It may set out what injury or harm was sustained and any financial losses this caused. The defendant must reply to this letter within 21 days.

Investigation And Response

Following their acknowledgement of the letter of claim, the defendant has 3 months to carry out any investigation and submit their response. Their response should address the allegations made against them, provide a conclusion as to their liability, and justify their response.

Disclosure Of Documents

At this stage, parties should disclose and exchange any relevant documentation, evidence, and supporting information. This enables parties to provide information which supports their argument, and may enable them to resolve the claim at this point without starting court proceedings. If one party fails to disclose information necessary to the claim, a Pre Action Disclosure Application can be made to the court.

Medical Evidence

Claimants must present medical evidence which show what physical injury, mental injury, or other harm they suffered. This evidence may consist of their medical records as well as the findings of an independent medical assessment.

Alternative Dispute Resolution

The Pre Action Protocol sets out the need to resolve the case between them, or through alternative means, with court action only being a last resort. Alternative means could include arbitration, mediation, or joint settlement meetings.

These stages give all parties a clear understanding of what to expect during the claims process and encourage the resolution of claims without legal proceedings.

Are There Penalties For Not Following The Pre-Action Protocols?

The court may apply penalties on parties, such as the payment of additional costs, for the failure to follow the relevant Pre Action Protocols and Civil Procedure Rules. If a party is found to have failed to comply with applicable Pre Action Conduct, they may be ordered to pay for any additional cost this failure caused. If the party in breach of the rules is awarded costs, this amount may be reduced in respect of additional costs caused.

The court can choose to apply additional sanctions if applicable. Whilst the court expect parties to adhere to the Protocol, minor or technical infringements may be overlooked. Instead, the courts focus on significant instances of non-compliance, such as reducing mediation or not supplying all required information.

Will A Case Be Able To Settle Whilst In The Pre-Action Protocol Stage?

Yes, the goal of the pre-action stage is to resolve the dispute between the two parties without the need for the case to go to court. The Pre Action Protocols encourage parties to communicate openly, share documentation and evidence, and seek the use of mediation or other alternative dispute resolution.

What Can Compensation Calculator UK Help With?

Compensation Calculator UK can help to ensure that you adhere to the Pre-Action Protocols, follow the correct procedures, and file your claim within the time limit set by the Limitation Act 1980. Initially, when you contact us, an advisor can take the details of your case. They can then connect you to a specialist No Win No Fee solicitor from our panel who could work under a Conditional Fee Agreement (CFA).

CFAs mean that there is no requirement to pay for the solicitor’s fees before your claim starts or whilst it is in progress. If your claim is successful, a small ‘success fee’ will be deducted from your compensation. How much (as a percentage of your compensation) which may be deducted is limited by law.

Compensation Calculator UK could also help with:

• Helping you to fully understand the claims process, including the Pre Action Protocol.
• Sending the Letter of Claim and Notification.
• Organising for an independent medical professional to examine your injuries, or illness.
• Securing relevant evidence.
• Negotiating with third parties, such as the defendant.
• Accessing specialist services, such as physiotherapy or counselling.

Contact Our Advisors

Contact our advisors today to see how a solicitor from our panel could help you.

• Phone 0800 408 7826.
• Get support from an advisor on our live chat.
• Contact us online.

Learn More

Learn more about personal injury claims in these resources.

• See how to make warehouse accident claim in this resource.
• Learn more about proof and evidence for personal injury claims in this guide.
• View information on the personal injury limitation period here.

References

• View the case management directions under the Civil Procedure Rules here.
• Find out how to obtain a copy of your medical records from the NHS.
• Learn more about the role of the Ministry of Justice here.

You can discuss the role of the Pre Action Protocols with a solicitor by contacting our advisors.