| Two Aims: To facilitate settlement without litigation To enable proceedings to run efficiently and to court’s timetable | These aims are to be achieved by: |
| Protocol | When does it apply? | Procedure |
| The Practice Direction – Pre-Action Conduct and Protocols (‘PD-PAC’) | PD-PAC applies where there is no relevant pre-action protocol. | The claimant should writes to the defendant with concise details of the claim, including the basis on which the claim is made, a summary of the facts, what the claimant wants and, if this is money, how the amount is calculated. (para 6A) The defendant should respond within a reasonable time; within 14 days in a straightforward case, in no more than three months in a complex one. The reply should either accept the claim or dispute it, giving reasons. (para 6B) |
| Pre-action protocol for debt claims (‘debt protocol’) | The debt protocol applies where any business (including sole traders and public bodies) claims payment of a debt from an individual (including a sole trader). | The creditor should send the debtor a letter of claim setting out details of the debt owed and why and details of how this can be paid. (para 3) The debtor should complete and return the Reply Form. If this indicates that the debtor is seeking debt advice, the creditor should allow 30 days, or extra time if reasonably requested, for the debtor to do so before starting court proceedings. If the debtor needs time to pay, he should say so on the Reply Form and complete the Financial Statement Form so that affordable repayment instalments can be agreed. If the debtor does not reply with 30 days of the date of the letter of claim, the creditor may start proceedings. |
| Pre-action protocol for personal injury claims (‘personal injury protocol’) | The personal injury protocol applies to personal injury claims valued at more than 25,000 | The claimant should send the defendant a letter of claim giving a clear summary of the facts on which the claim is based, the nature of the injuries and financial losses suffered. (Annex B1) The defendant should reply within 21 days of the posting of the letter of claim, identifying the insurer, if there is one, and any significant omissions. The defendant then has up to three months from the date of acknowledgment to investigate and reply, stating whether liability is denied and, if so, giving reasons and any alternative version of events relied upon. (paras 6.1 – 6.6 and Annex B2) |
| Pre-action protocols for low value personal injury claims There are two such protocols: for claims arising from road traffic accidents for employers’ liability and public liability claims | These protocols apply to personal injury claims not exceeding a value of 25,000. | Stage 1: Following receipt of the Claims Notification Form, the defendant to the potential proceedings or his insurer must complete the Response section and send it to the claimant within the time frame specified in the relevant protocol. If liability is admitted, the claim will proceed. |
| Stage 2: The claimant will obtain a medical report and provide this to the defendant, together with any other evidence to enable the claim to be quantified, plus an offer of settlement, in the Stage 2 Settlement Pack. The defendant must then respond within 15 days by accepting the claimant’s offer or making a counter-offer. If this does not settle the claim, there is then a 20 day negotiation period. If the claim still does not settle, the claimant sends to the defendant the Court Proceedings Pack to check its accuracy before proceeding to Stage 3. |
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