Civil Lit - Early Action and Investigation

Pre-Action Protocol

Pre-Action Protocol requires a free flow of information between parties.

Obtain Witness Evidence – With the help of your client and using a police accident report identify all people who were witnesses in the case. Able to give evidence on any aspect, covering liability or quantum (amount of damage). But you need not use all witnesses. If you do interview one of the other sides witnesses, as a professional curtsey you should inform them in advance (CPR Rule 11, guidance point 16). Explaining witnesses maybe required to come to court to give evidence and roughly when that could be.

Obtaining Records (documents)

Police Accidence reporter Certificate of conviction Accident report book

Photographs Contract Quantum/liability

PI protocol applies to all clams:

1. C sends two copies of a letter of claim containing specified information.
2. D should reply within 21 calendar days.
3. D has three months from the date of acknowledgement to investigate and respond in detail to the claim.
4. If liability is denied the defendant discloses specified documents to the C.
5. C sends a schedule of special damages to the D.
6. An expert is agreed where appropriate.
7. Parties consider some form of alternative dispute resolution.

The Letter of Claim acts as a warning letter, sent by the C. The letter sets out the nature of the claim and the facts upon which it is based.

Contents of the letter:

• As soon as there is enough information/evidence to commence a claim a letter of claim should be issued.
• Contain a summery of the facts and nature of injuries/financial loss.
• Whether the case is funded by a conditional fee on success/ or an insurance premium.
• A copy of the letter sent to the defendant’s insurer. If unknown either request this information from the D or send a copy of the letter to the D to forward to his insurer.
• Sufficient information given for D solicitor to investigate the claim
• The letter should ask for an acknowledgement within 21 days of the date of posting, failing which a claim maybe commenced.
• After letter of claim a schedule of special damages with supporting documents should be sent.