‘A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers’ by Antonia Ford

Description

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) provides a streamlined process for the handling of personal injury claims valued between £1000 and £25,000. For RTA personal injury litigators the Protocol is pervasive. It affects decision making relating to appropriate cases to pursue, how those cases progress and ultimately the steps necessary within the litigation. Despite its objectives of simplifying claims and increasing access to justice, the Protocol exposes users to a number of potholes which could adversely affect a claim’s outcome and could expose Practitioners and Claimants to both cost and damages sanctions.

The aim of this book is to provide a practical guide to all stages of the RTA Protocol to assist in the handling of pre-litigation claims and inform Practitioners of the potential impact that pre-litigation decisions may have on future litigation.

ABOUT THE AUTHOR

Antonia Ford practised as a solicitor for 15 years and was a Partner at DAC Beachcroft and Head of Fraud at Clyde & Co before transferring to the Bar. She is a specialist Personal Injury and Credit Hire practitioner.

She has extensive experience of RTA litigation, highway claims, employment liability, occupiers liability and product liability. She has advised Claimants, Defendants and Insurers on procedure and litigation tactics across all complexity of claims and tracks. She has also been able to use her knowledge of civil fraud to act for both Claimants and Defendants in cases where fundamental dishonesty has been alleged.

CONTENTS

Introduction – Aims of the Protocol

Chapter One – Stage 1
1. Suitability of the Portal
2. Limitation
3. Claims Notification Form
4. Rehabilitation
5. Defence Response

Chapter Two – Stage 2
1. Progressing to Stage 2
2. Status of the Settlement Pack
3. Timing
4. Medical Evidence
5. Legal Advice
6. Contributory Negligence
7. Interim Payments
8. Defendant’s Response
9. Failure to Reach Agreement

Chapter Three – Stage 3
1. Commencing Stage 3
2. Defendant’s Response
3. Consideration of the Claim

Chapter Four – Admissions and Settlements
1. Admissions
2. Settlements

Chapter Five – Costs
1. Fixed Costs
2. Disbursements
3. CPR Part 36

Chapter Six – Withdrawal
1. Routes to Withdrawal
2. Consequences of Withdrawal
3. Case Analysis