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Personal injury claims Northern Ireland

Pre Action Protocol for Personal Injury Litigation and Appendix
September 25, 2011 – 03:25 pm
Personal injury claim

QUEEN’S BENCH DIVISION

PRE ACTION PROTOCOL

PRIVATE INJURY LITIGATION

[1] always during municipal litigation in this jurisdiction it is essential to keep in mind the overriding objective lay out at purchase 1 Rule 1A of Rules associated with Supreme legal (Northern Ireland) 1980. To allow the court to deal justly with litigation that objective needs the courtroom, in terms of practicable, to:

(a) ensure the functions are on the same footing;

(b) save expense;

(c) handle the litigation with techniques that are proportionate to –

(i) the money involved;

(ii) the importance of the situation;

(iii) the complexity for the issues; and

(iv) the budget of every celebration;

(d) ensure that the litigation is dealt with expeditiously and fairly; and

(age) allocate to your litigation a proper share for the court sources, while taking into account the necessity to allocate resources to many other cases.

[2] This pre-action protocol aims to achieve most useful litigation rehearse by motivating:

§ even more pre-action contact involving the events.

§ Better and earlier trade of information.

§ Better pre-action investigation by both sides.

§ inserting the events capable where they could be in a position to settle situations fairly and early without litigation.

§ Enabling proceedings to continue according to the court’s timetable and efficiently, if litigation does come to be necessary.

§ The promotion of a broad “cards on the table” way of litigation within the interest of keeping the amount invested by the individuals when it comes to cash, time, anxiety and stress to the absolute minimum, in keeping with the requirement your dilemmas be fixed according to accepted standards of fairness and justice.

Letter of claim

[3] After the writing of every initial notification letter toward defendant the plaintiff’s lawyers should deliver to virtually any legal or corporate representative of the proposed defendant a detailed page of claim the moment sufficient information is offered to substantiate a realistic claim and before dilemmas of quantum tend to be addressed in detail.

[4] The letter of claim shall contain the after information:

(1) an obvious summary regarding the facts upon which the claim is based;

(2) an indication regarding the nature of every accidents suffered;

(3) information on any monetary reduction sustained;

(4) the plaintiff’s full target and post rule ;

[5] In instances of roadway traffic accidents the letter of claim must always provide the name and address of any medical center attended because of the plaintiff, if therapy had been afforded thereat, together with the plaintiff’s hospital reference number whenever readily available.

[6] Solicitors are advised to use a regular format for such a page – an example is given at appendix a for this protocol: this is often amended to suit the specific situation.

[7] The letter of claim should look for the facts of every relevant insurer and, in the event that identity and target of the insurer is known, a copy of the letter of claim is sent straight to the insurer.

[8] the essential purpose is offered because of the letter of claim is provide adequate information when it comes to defendant’s insurer/solicitors to commence investigations, assess obligation as well as minimum put a broad valuation on likely “risk”.

[9] If there has been no answer by the defendant or any solicitor or insurer within 21 times, the plaintiff should proceed to issue proceedings.

Source: www.courtsni.gov.uk
Report on the Management of Personal Injury Claims: Thirteenth Report Session 2009/2010 Together with the Minutes of Proceedings of the Committee ... Evidence (Northern Ireland Assembly Reports)
Book (Stationery Office, Belfast)

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