Personal Injury Pre Action Protocol

Question 1

What are the aims of the Personal Injury Pre Action Protocol (PIPAP)?

Answer 1

1. More contact between the parties
2. Better and earlier exchange of information
3. Better pre action investigation
4. Put parties in a position where they may be able to settle without the need for litigation
5. Enable court proceeding to run efficiently if litigation is necessary.
6. Promote medical or rehabilitative treatment where necessary

Question 2

How many copies of the Letter of Claim should the Claimant send the proposed defendant according to 3.1 PIPAP?

Answer 2

2

Question 3

What should a Letter of Claim contain according to 3.1 PIPAP?

Answer 3

A clear summary of facts
An indication of the nature of any injuries
Any financial loss incurred.
It should ask for details of the insurer

Question 4

The defendant should reply acknowledging the Letter of Claim within how many days according to 3.6 PIPAP?

Answer 4

21 days

Question 5

How long will the defendants and their insurers have to investigate?

Answer 5

3 months from the date of acknowledgement of the Letter of Claim

Question 6

Dan is suing his friend Dave for personal injuries. Dan sends his pre action letter on the 1st of February 2014. What are the deadlines for Dave to:

1. Acknowledge the claim
2. Investigate and respond

Answer 6

1. Acknowledge the claim- 22nd of February

2. Investigate and respond- 22nd of May

Question 7

In which of these situations does the Personal Injury Pre Action Protocol apply?

i) A claim against a hospital for a negligently carried out operation
ii) . A claim against the ambulance service for a crash whilst travelling in the ambulance
iii) . A claim against an employer for asbestosis
iv) . A claim against a hospital for a negligent amputation
v) . A claim against an employer for a faulty machine causing burns

[A] i, ii,, v
[B] ii, v,
[C] i, iii
[D] i, iv, 
[E] iii, v
[F] iv, v

Answer 7

[B] The PIPAP does not apply to clinical negligence or disease situations

Question 8

Where the accident occurred outside England and Wales and/or where the defendant is outside the jurisdiction, the ordinary time periods for acknowledgement and full response of YY days and ZZ months should normally be extended up to AA days and BB months.

What are YY, ZZ, AA and BB?

Answer 8

YY = 21 days
ZZ = 3 months
AA = 42 days
BB= 6 months

Question 9

If the defendant denies liability, what should she enclose with the reply after three months?.

Answer 9

Documents in her possession which are material to the issues between the parties, and which would be likely to be ordered to be disclosed by the court,