A clear guide to the steps before court, how the process works, and why it matters for your claim
The Pre-Action Protocol is a set of rules and steps designed to help both parties communicate and share information before a personal injury or civil claim proceeds to court. Its main aim is to encourage early resolution of disputes, reduce unnecessary legal costs, and ensure both sides understand the claim fully before taking formal legal action.
This Protocol is required by law and applies to many types of claims, including personal injury, clinical negligence, and some commercial disputes. It is part of the Civil Procedure Rules (CPR), specifically CPR Part 31 and Practice Direction – Pre-Action Conduct, which set out how claims should be handled before court proceedings start.
Letter of Claim: The process begins when the claimant’s solicitor sends a detailed letter to the other party, often called the defendant, outlining the facts of the case, the injuries or losses suffered, and the compensation being sought. This letter should include enough information to allow the defendant to understand the claim and respond.
Response Time: The defendant usually has 21 days to acknowledge the letter and indicate whether they accept liability, deny it, or need more information. They may also provide initial medical reports or evidence.
Disclosure of Evidence: Both sides are expected to share relevant documents and evidence, such as medical reports, witness statements, or accident reports. This helps clarify the issues and supports fair negotiations.
Negotiation and Settlement Discussions: The parties should attempt to settle the claim without going to court. This may involve offers to settle, mediation, or other forms of Alternative Dispute Resolution (ADR).
Further Information and Clarification: If necessary, the claimant can request more information or documents from the defendant to support the case. This is often called ‘Particulars of Claim’ and provides more detailed legal allegations if the claim proceeds.
The court expects that both sides will follow the Pre-Action Protocol carefully. If either party fails to comply, the court can impose sanctions, including:
Ordering the non-compliant party to pay extra legal costs.
Delaying the progress of the case.
Using the failure as a factor when deciding the outcome of the case.
Following the Protocol helps avoid surprises and encourages cooperation, which can save time and money for everyone involved.
The defendant must respond within 21 days of receiving the letter of claim.
If the defendant requests more time or information, reasonable extensions may be granted.
After full disclosure and negotiations, if no settlement is reached, the claimant may issue a Claim Form to start court proceedings.
Non-compliance can have serious consequences. Courts may:
Order the responsible party to pay additional costs.
Limit the evidence a party can rely on.
In rare cases, dismiss the claim or defence altogether.
This is why it is crucial to follow the Protocol fully and seek legal advice early.
Imagine you were injured in a slip and fall at a supermarket. Your solicitor will send a letter of claim to the supermarket’s insurer outlining how the accident happened and your injuries. The insurer then has 21 days to respond, either accepting liability or disputing it. Both sides exchange medical evidence and negotiate a settlement. If they can’t agree, the claim may progress to court, but often the Protocol helps avoid this.
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