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personal injury protocol consultation launched

13 June 2014

As part of its review of pre action protocols, the Civil Procedure Rules (CPR) Committee has launched a consultation on changes to the protocol for personal injury claims.

Since introduction of the new processes for low value motor, EL and PL claims the injury protocol has become less used, but it remains the basis on which fast track claims are handled where liability is denied or claims otherwise exit the new processes. Alongside the multi-track code (which will remain voluntary), it also informs pre-action behaviour in higher value cases.

The protocol will be simplified, bringing an increased focus on rehabilitation and ADR and dispensing with some of the detailed discussion of underlying principles, but proposed changes to process and time limits are limited. There is little evidence of ‘Jacksonisation’ with no additional costs control measures or sanctions, which reflects the fact there are already fixed costs for many fast track injury claims and a stricter approach to compliance introduced to the remainder of the CPR.

The consultation will remain open until 14 July.

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