This protocol applies to personal injury claims where the injury is not the result of an accident, but instead a disease or illness.

Where a single event occurs which causes a disease or illness then, if agreed between the parties, this protocol may be applied rather than the Pre-Action Protocol for Personal Injury Claims.

The protocol applies to claims which, because of their complexity, may be unsuitable for the fast track, despite having a fast track value. However, fast track noise-induced hearing loss (NIHL) claims are covered by Annex E of this protocol—see: Noise-induced hearing loss claims.

The timescales in this protocol may need to be varied by the parties if they are deemed inappropriate in the circumstances of the case. For example, if the claimant has mesothelioma and a short life expectancy, the defendant would be expected to deal with the claim as a matter of urgency including any request for an interim payment.

Additional provisions apply in mesothelioma claims (see Annex C and D of the protocol).

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