Guide To Draft Protocols For Low Value EL, PL And RTA Claims

Back in January 2012, the Government announced that the current RTA portal scheme for low value claims up to £10,000 would be extended to EL, PL and motor claims with a value up to £25,000. The MoJ then issued a call for evidence on how the Pre-Action Protocol, the portal and costs regime should be modified to accommodate the extension. Only now has the detail started to emerge with the Civil Procedure Rule Committee releasing the draft Pre-Action Protocols together with a short consultation closing on 23 November which seeks views on whether those Protocols are workable and whether they can be improved in any way.

Some aspects of the draft Protocols, which are the result of Government policy decisions, are not open for adjustment. They are:

(i) the schedule of costs to be used in conjunction with the Protocols (Professor Fenn is currently updating his work on this).

(ii) the exclusion of certain claims from the scope of the Pre-Action Protocols; and

(iii) the response periods within Stage 1 of the Protocols.

This update highlights the key provisions of the amended RTA Protocol and the new EL/PL Protocol and looks at the challenges ahead before implementation in April 2013.

RTA Protocol

Increase of Protocol upper limit to £25,000 – this is the key change to the existing Protocol. The upper limit of £25,000 will apply to accidents occurring on or after 6 April 2013 and it will remain at £10,000 for accidents before that date.

Costs sanctions - there is a new warning in the Preamble that the court is able to impose costs sanctions when the Protocol is not followed.

Mandatory use of the portal and email - use of the portal is now mandatory where the Protocol requires information to be sent to a party. There is also a new requirement that all written communications not required by the Protocol are to be sent by email, for example in relation to a claim for hire charges being dealt with outside the Protocol.

Stage 1 - fixed costs – end of the £400 club - the time for payment of Stage 1 fixed costs has changed. Instead of having to pay within 10 days of the liability response, payment will now be within 10 days after receiving the Stage 2 Settlement Pack.

Stage 2 - medical records and photographs – the claimant must now disclose with the medical report any medical records which the medical expert considers relevant. However, it is expected that in claims under £10,000 the medical expert will not need to see any medical records. In addition, relevant photographs of the claimant's injuries should also be disclosed.

Stage 2 - subsequent medical reports - the...

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