Chapter 4

Question 1

4 objectives of pre-action protocols

Answer 1

• exchange of early and full information
• avoid litigation
• efficient management of proceedings
• proportionate costs

Question 2

Protocols relevant to personal injury claims

Answer 2

Pre-action protocol for personal injury claims

Pre-action protocol for low value person injury claims in road traffic accidents

Pre-actions protocol for Low Value (employers liability and public liability) claim

Question 3

Information for personal injury claim

Answer 3

Circumstances 
Criminal proceedings 
Injuries 
Financial losses 
Benefits claimed

Question 4

Main points on pre-action protocol for low value personal injury claims in road traffic accident

Answer 4

Clear and rigid timetable
Fixed costs
Conducted by claimant and defendant representatives
£25,000 or below

Question 5

RTA protocol stage one

Answer 5

Claim notification form (CNF) RTA1

Insurer must send electronic acknowledgment next business day after receipt

Insurer has 15 days from the sent date on CNF (failure to comply - claim exists protocol)

Liability denied - claim exits protocol
Liability admitted - moves to stage 2
Liability admitted but contributory negligence alleged - claim exists protocol

Question 6

RTA Protocol Stage 2

Answer 6

C provides insurer with Stage 2 
settlement pack (RTA5) 

Insurer has 15 days initial consideration period OR if necessary further 20 days negotiation period

C offers or D counter offer accepted? Insurer has 10 days to pay damages and costs

If no settlement - claim moves to stage 3

Question 7

RTA Stage 3

Answer 7

C sends court proceedings pack (RTA 6&7)

Proceeding issued under CPR Part 8

Paper hearing or oral hearing

Damages and fixed costs payable with 10 days

Question 8

EL/PL protocol

Answer 8

Contain similar steps to RTA
Stage 1 timescales are different
Defendant insurer has 30 days to respond in employer liability and 40 in public liability

Question 9

Reasons for claims leaving protocol / portal

Answer 9

Liability is disputed
Value exceeds £25,000
Allegation of fraud
Insurer fails to respond in timdscales.

Question 10

Pre-Action protocol for debt claims process

Answer 10

• creditor send debtor a letter of claim
• debtor should respond in 30 days
• if still dispute parties consider ADR
  Court proceeding only if no response is received in 30 days