Disputes Resolution PI Protocol

Question 1

When does PI protocol apply?

Answer 1

• primarily for fast track
• should use for multitrack

NOT
- for clinical negligence

Question 2

What are the steps in PI protocol?

Answer 2

1. claimant sends letter of claim to D
2. D to respond in 21 days
   - can get 3 months to investigate before admitting/denying
3. disclose lists to be provided in letter of claim
4. instructing expert
   - C to send list to D of proposed joint experts
   - D can reject I’m 14 days
   - then can instruct own

Question 3

What happens if defendant doesn’t respond in time in PI protocol?

Answer 3

21 days to respond

If not
- C can start proceedings

Question 4

Disclosure in PI protocol

Answer 4

Claimants Letter of Claim
- to indicate documents they propose to disclose;
- documents sought from D

Responce
- if denial reason must be given
- list of relevant documents likely to be disclosed in proceedings

Question 5

What must the letter of claim in PI protocol include?

Answer 5

1. summery of facts
2. details of injury and impact on day to day life
3. hospital attended and relevant reference number
4. indication of financial losses known at this stage
5. proposal of types docs to be disclosed
6. when they expect response (21 days)

Question 6

What if the accident was abroad?

Answer 6

If outside England and Wales and/or defendant is outside
- response extends to 42 days and 6 months

Question 7

What should be done if PI protocol fails to achieve settlement? (admission vs no admission)

Answer 7

Claimant to issue proceedings

IF there WAS an admission in pre action phase claimant to send:
- medical report they seek rely on
- (provisional) schedule of losses
- allow 21 days for settlement offer BEFORE starting proceedings