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1 November 2012 | Comment | Article by Stephanie Eedy

New EL PL pre action protocol and extension to RTA


Stephanie Eedy looks at proposals to introduce new EL/PL pre action protocols and amend the existing RTA protocols, both due to commence in April 2013.

The Rt Hon Lord Dyson has commenced his consultation on the new pre action protocols for injury claims up to £25,000. The consultation will end on 23 November.

The proposals will amend the current Road Traffic Accident (RTA)protocol and introduce a new protocol for Employers Liability (EL)and Public Liability (PL)claims. Both will commence in April 2013 though many consider it unlikely that the technology will be ready at that time to implement them.

The following key aspects are not open for amendment:

  • the fixed costs;
  • exclusion of certain claims from the protocols;
  • response period within stage 1 of the protocols.

The proposed amendments to the RTA protocol are as follows:

  • extended to claims up to £25,000 for accidents occurring on/after 6th April 2013;
  • portal usage is mandatory;
  • Stage 1 costs payable within 10 days of receiving the Stage 2 settlement pack (the end to the ‘£400 Club’);
  • in cases over £10,000 medical records to be disclosed with the medical report.

The main contents of the proposed EL/PL protocol:

  • it will apply to all EL/PL claims up to £25,000 in value where the accident occurs on/after 1 April 2013 or in a disease claim where no letter of claim has been sent to the defendant before 1 April 2013;
  • all PL disease claims and EL disease claims where there is more than one tortfeasor will fall outside the protocol;
  • claims where contributory negligence is alleged will fall outside the process;
  • deadline to investigate and admit liability is 30 days (EL) or 40 days (PL);
  • duty to disclose medical records with report but the £10,000 distinction is not present.

Updates will follow after the consultation has closed.

If you require any further information on these changes and how they may affect you please contact us by calling 033 0058 5077 or email Stephanie Eedy.

Author bio

Stephanie Eedy specialises in group actions on behalf of communities and residents across England and Wales affected by various forms of environmental pollution such as odour, noise and dust emanating from factories, landfill sites and other similar commercial entities.  She has successfully concluded a number of environmental group actions in locations within the UK and has secured compensation and an end to the nuisance on behalf of a large number of individuals.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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