Personal injury protocols

Pre-action protocols

There are a number of pre-action protocols relating to specific types of personal injury claims which set out the conduct expected of the parties and the steps the court would normally expect parties to take before commencing proceedings. You should follow the protocol that most closely relates to the subject matter of the dispute. If there is no protocol for the type of dispute you are dealing with, you should refer to the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction).

The limitation period is not suspended while parties comply with a pre-action protocol or the Practice Direction. If the limitation period is about to expire, protective proceedings should be issued and either party should then apply to stay the action in order to allow time for compliance with the relevant pre-action protocol or the Practice Direction.

For more detail, see Practice Note: The pre-action protocols and when they apply.

Non-compliance with pre-action provisions

Failure to comply with any of the specific pre-action protocols or the Practice Direction could result in the court applying sanctions, including as to costs, once a claim has been ...