Road Traffic Accident | By Lawyers
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Road Traffic Accident

This publication guides practitioners navigating the complex pre-action protocols involved in low-value road traffic accident claims.

1 Matter Plan

Overview

The commentary covers liability, parties, loss mitigation, damages, small claims, and fatal accidents. It also deals with commencing a claim under pre-action protocols, using online portals, responding to offers, settling the matter, issuing and responding to proceedings, default and summary judgment, case management, disclosure, and trial.

The Reference materials folder includes a medical glossary and guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • letters of claim and letters to:
    • physiotherapist, seeking a rehabilitation report;
    • vehicle expert, seeking a damage report;
    • hire company, requesting a copy of a credit hire agreement;
    • the defendant’s solicitor, including claims relating to the RTA Small Claims Protocol;
  • Statements of tariff injuries and other protocol injuries;
  • particulars of claim for a:
    • two-vehicle collision;
    • one vehicle, one pedestrian collision;
    • one vehicle, one bicycle collision;
    • passenger;
  • a Schedule of Past and Future Loss and Expense;
  • Medical Report Form (RTA3);
  • Enclosure – Overview of the Small Claims Process – Road Traffic Accident.
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1 Matter Plan Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Road Traffic Accident
  • Folder icon Reference materials
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Medical Glossary
  • Item icon Overview and limitation periods
    A road traffic accident can give rise to claims for personal injury and loss and damage to real and personal property. If there are no personal injuries but other losses, such as property loss or damage, a monetary claim can be pursued in the usual manner.

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  • Item icon Summary of the process
    The usual steps in acting in a road traffic accident matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Road traffic accident
    • Item icon To do list - Road traffic accident
    • Item icon To do list - Road traffic accident - Court proceedings
    • Item icon First steps
    • Item icon Retainer instructions - Road traffic accident
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial letter to client enclosing Client Care and Terms of Business - Road traffic accident
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Road traffic accident
      • Item icon Enclosure - Overview of the small claims process - Road traffic accident
      • Item icon A summary of a road traffic accident claim
    • Item icon Funding
      Standard retainer Under a standard retainer, the solicitor’s costs, disbursements, and expenses are paid to the solicitor as they fall due.

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    • Folder icon If required - Conditional fees and damages-based agreements
      • Item icon Conditional fee agreements
        A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:

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      • Item icon Conditional fee agreement
      • Item icon Letter to client explaining barrister's fees
      • Item icon Letter to client giving informed consent to conditional fee agreement
      • Item icon Enclosure - Conditional fee agreements explained
      • Item icon Damages-based agreements
        A damages-based agreement is a contract between a solicitor and client that, if the client’s claim is successful, the solicitor will be entitled to a share of the recoveries. Damages-based agreements are different from conditional fee agreements in that they can be used only with claimant clients.

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      • Item icon Damages-based agreement
      • Item icon Letter to client enclosing damages-based agreement for signing
      • Item icon Enclosure - Damages-based agreements
      • Item icon Notice of funding of case or claim
    • Item icon Qualified one-way cost shifting
      Qualified one-way costs shifting (QOCS) was introduced for personal injury claims and provides that, generally, defendants will not recover their costs even if they successfully defend a claim. QOCS provides claimants in personal injury claims with protection from adverse costs if they lose. The ...

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    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Preparatory casework and letters before claim
    • Item icon Determining where and how to start a claim
      There are three portals as set out below. Whichever protocol is followed, they each proceed using one of these online portals.

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    • Item icon Low value or small claim amounts
      A low value claim is one that is less than £10,000 in total for both personal and property damage. If the accident occurred before 31 May 2021, the personal injury head of claim is no more than £1,000, and the total for the claim is no more than £10,000, the claim is classed as a small claim and is ...

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    • Item icon Appropriate parties
      Often the identity of the claimant in a road traffic accident claim will be clear. They are a party who suffered an injury or loss due to another’s wrongdoing. Referring to the driver at fault as a tortfeasor avoids some confusion because, while often included as a defendant in proceedings, the ...

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    • Item icon Letter to tortfeasor requesting person, vehicle and insurer details
    • Item icon Initial considerations
      Before commencing a claim for a road traffic accident or even sending a letter of claim, also known as a letter before action, consider:

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    • Item icon Letter to police for records after an accident
    • Item icon Required information
      To submit a claim, the following information will be needed, if available:

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    • Item icon Letter to client enclosing authorities
    • Folder icon Library of authorities
      • Item icon Authority to employer to provide loss of income details
      • Item icon Authority for ambulance service records
      • Item icon Authority for GP medical records
      • Item icon Authority for hospital medical records
      • Item icon Authority for police records after an accident
      • Item icon Consent to provide information - General
    • Item icon Letter to client confirming initial actions and enclosing summary sheets
    • Item icon Summary of medical expenses
    • Item icon Summary of other losses
    • Folder icon Rehabilitation
      • Item icon Rehabilitation
        The 2015 Rehabilitation Code encourages rehabilitation and early intervention in the compensation process. Its purpose is to assist the injured party in their recovery from physical, social, vocational, and psychological injuries. Detailed instructions from the client of their injuries are required ...

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      • Item icon Letter to client setting out rehabilitation requirements
      • Item icon Letter to physiotherapist seeking report on rehabilitation
      • Item icon Letter to physiotherapist seeking final report
      • Item icon Letter to defendant enclosing evidence of rehabilitation
    • Folder icon Employer
      • Item icon Loss of earnings
        Where a client is employed, copies of wage slips for at least six months before the accident will be needed. The average is taken where the monthly amounts differ. The pre and post-accident figures are then compared to assess the loss. Self-employed individuals may have weekly or monthly invoices ...

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      • Item icon Letter to employer for income details after an accident
      • Item icon Letter to client seeking wage slips, P60s, or tax returns
    • Folder icon Ambulance, doctor and hospital
      • Item icon Medical costs including any treatment costs
        The client provides receipts or invoices for reasonable and appropriate medical costs so they can be claimed back at the relevant time. The protocols restrict the costs that a claimant can recover to the fixed costs of an initial medical report. If further reports are obtained, their need will have ...

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      • Item icon Letter to ambulance service for reports with authority
      • Item icon Letter to GP for medical records with authority
      • Item icon Letter to hospital for medical notes with authority
      • Item icon Care costs, also known as gratuitous care
        This head of loss is claimed when the client requires additional assistance from a paid helper or family and friends. Receipts for professional help are retained so the amount can be claimed back at the relevant time. Where additional help is required from friends and family, which goes beyond what ...

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    • Folder icon Vehicle
      • Item icon Vehicle-related costs
        Vehicle-related costs are common in road traffic accidents where the claimant’s vehicle has been damaged. Depending on the circumstances, this can be a simple claim in addition to the overarching claim for personal injuries and can form part of the claim limit. The claim will include things such as ...

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      • Item icon Letter to a vehicle expert seeking a damage report
      • Item icon Letter to client seeking receipts for vehicle repairs
      • Item icon Letter to client seeking evidence of tax, insurance and licence
      • Item icon Credit hire agreements
        Difficulties may arise when a claimant cannot use their vehicle and hires a replacement under a credit hire agreement while theirs is being repaired. While these charges are generally recoverable, they often far outweigh the value of the underlying claim, and therefore fall outside the pre-action ...

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      • Item icon Letter to client seeking copy of credit hire agreement
      • Item icon Letter to hire company requesting copy of credit hire agreement
    • Item icon Considering possible defences
      Considering possible defences that the defendant or the compensator may have against the client’s claim means they can be dealt with appropriately, and the client can be advised of any potential difficulties and expectations. Factual defences can include accidents where:

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    • Item icon Contributory negligence
      In road traffic accident claims, consideration is given to the circumstances of the accident and an assessment is made of whether the client could be held to be partially at fault. If the client is fully to blame, they have no claim despite their injuries. Contributory negligence is not a defence. ...

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    • Item icon Mitigation of loss
      Injured parties are required to mitigate their losses as much as possible. In a road traffic accident claim, mitigation can include such things as:

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    • Item icon Letter of claim to defendant - Road traffic accident
    • Item icon Letter of claim to defendant's solicitor - Road traffic accident
    • Item icon Record of information sought and received
  • Folder icon C. Small claims for accidents occurring before 31 May 2021
    • Item icon Before starting a claim
      Two searches are carried out before a claim is started:

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    • Item icon MIB Services
    • Item icon askMID
    • Item icon Letter to client advising on protocols
    • Item icon Letter to client confirming instructions to issue proceedings despite non-compliance with protocols
    • Item icon Letter to client seeking details of previous claims
    • Folder icon Stage one
      • Item icon Stage one
        Stage one involves the gathering of information and can, if liability and damages are agreed, result in a swift settlement. The other side’s insurer, the compensator, is contacted and their response will determine the next stages. The steps involved in stage one include:

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      • Item icon Claims portal
      • Item icon Letter to client enclosing claim notification form for approval
      • Item icon Authority to proceed
      • Item icon Claim notification form - low value personal injury claims in road traffic accidents (£1,000 - £25,000)
      • Item icon Claim notification form - low value personal injury claims in traffic accidents (£1,000 - £25,000) (defendant only)
    • Folder icon Stage two
      • Item icon Stage two
        Stage 2 involves gathering detailed information about the client’s injuries including medical reports, non-medical expert reports, and witness statements. There are also provisions for interim payments, including vehicle-related interim payments and the submission of a settlement pack.

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      • Item icon Letter to client explaining the need for a medical report
      • Item icon Letter to client to attend expert appointment
      • Item icon Letter instructing a medical expert in an injury matter
      • Item icon Letter to expert seeking time for payment
      • Item icon Letter to client with irrevocable authority to pay expert from compensation
      • Item icon Irrevocable authority to pay expert from compensation
      • Item icon Medical report form - low value personal injury claims in road traffic accidents (£1,000 - £25,000)
      • Item icon Letter to client enclosing copy of interim settlement pack for approval
      • Item icon Interim settlement pack and response to interim settlement pack - low value personal injury claims in road traffic accidents (£1,000 - £25,000)
      • Item icon Letter to client enclosing copy of stage 2 settlement pack and response for approval
      • Item icon Stage 2 settlement pack and response to settlement pack - low value personal injury claims in road traffic accidents (£1,000 - £25,000)
      • Item icon Letter to client enclosing court proceedings pack for approval
      • Item icon Authority to proceed
      • Item icon Court proceedings pack (part A) - low value personal injury claims in road traffic accidents (£1,000 - £25,000)
      • Item icon Letter to client setting out response from defendant
    • Folder icon Stage three
      • Item icon Stage three
        If the claimant gives notice to the defendant that the claim is unsuitable for pre-action protocol, for example, because there are complex issues of fact or law, then the claim will no longer continue under the protocol. However, if the court considers that the claimant has acted unreasonably in ...

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      • Item icon Letter to client advising that injury claim value court hearing is required
  • Folder icon D. Small claims for accidents occurring after 31 May 2021
    • Item icon The RTA Small Claims Protocol
      The protocol describes the behaviour the court expects of the parties, and the Civil Procedure Rules enable the court to impose costs sanctions where the protocol is not followed. The RTA Small Claims Protocol aims to ensure that:

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    • Folder icon Claims outside the protocol
      • Item icon Letter to tortfeasor - Claim falls outside the RTA Small Claims Protocol
      • Item icon Letter to defendant's solicitors - Claim falls outside the RTA Small Claims Protocol
      • Item icon Letter to client - Claim falls outside the RTA Small Claims Protocol
    • Item icon Letter to tortfeasor pursuing claim under the RTA Small Claims Protocol
    • Item icon Letter to defendant's solicitor pursuing claim under the RTA Small Claims Protocol
    • Item icon Letter to client pursuing claim under the RTA Small Claims Protocol
    • Item icon The Official Injury Claim portal
      The Official Injury Claim portal cannot be used if:

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    • Item icon Claiming through the Official Injury Claim portal
      Before the client can claim through the portal, they will need the following information:

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    • Item icon Official Injury Claim – Sign in
    • Item icon Letter to client seeking details of previous claims
    • Item icon Letter to client confirming submission of the small claim notification form
    • Item icon Letter to client enclosing response to the small claim notification form
    • Item icon Letter to client where there is no response to the small claim notification form
    • Folder icon Personal injuries
      • Item icon Whiplash injuries
        The RTA Small Claims Protocol was introduced to deal with the large number of claims involving a whiplash injury element.

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      • Item icon Damages for other injuries
        The compensation value for soft tissue injuries and any injuries which last longer than 24 months are subject to the Judicial College Guidelines. These can be purchased from legal bookshops and assist in valuing claims for:

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      • Item icon Letter to client explaining the need for a medical report
      • Item icon Letter to client to attend expert appointment
      • Item icon Letter instructing a medical expert in an injury matter
      • Item icon Letter to expert seeking time for payment
      • Item icon Letter to client with irrevocable authority to pay expert from compensation
      • Item icon Irrevocable authority to pay expert from compensation
      • Item icon Letter to client enclosing copy medical report and confirmation
      • Item icon Confirmation of medical report
      • Item icon Letter to defendant's insurer justifying a further medical report
      • Item icon Letter to client enclosing statements of injuries
      • Item icon Statement of tariff injuries
      • Item icon Statement of other protocol injuries
    • Folder icon Other heads of claim
      • Item icon Other heads of claim
        Other protocol property damages The client may have incurred losses due to the accident, for example, the cost of repairs that they have paid, damage to property that was in their car at the time of the accident, loss of earnings, travel costs for attending medical appointments, prescriptions, or ...

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      • Item icon Letter to client seeking completed loss summary sheets and final evidence
      • Item icon Statement of protocol property damage
      • Item icon Statement of non-protocol vehicle costs
    • Folder icon Offers to settle
      • Item icon Making offers to settle through the Official Injury Claim portal
        The RTA Small Claims Protocol promotes early resolutions to claims, including the claimant seeking to settle the matter even before any claim has been commenced. If the claimant reasonably believes that the claim is for more than £10,000, or the value of the claim for damages for injury is more ...

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      • Item icon Letter to client with offer to settle
      • Item icon Authority to proceed
      • Item icon Letter to client confirming offer made
      • Item icon Letter to client confirming counter-offer made
      • Item icon Letter to client confirming offer withdrawn
      • Item icon Letter to client with response to offer to settle
      • Item icon Letter to client when no response to offer received
      • Item icon Letter to defendant's solicitor with bank details
      • Item icon Letter to client confirming date of payment
    • Folder icon If required - Interim payments
      • Item icon Interim payments
        Where the compensator has admitted part or full liability, or where the court has determined liability in favour of the claimant, the claimant can request an interim payment to cover protocol damages.

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      • Item icon Letter to client about an interim payment
      • Item icon Authority to proceed
      • Item icon Letter to client confirming interim payment requested
      • Item icon Letter to client with response to interim payment request
      • Item icon Letter to defendant's solicitor with bank details
      • Item icon Letter to client confirming date of payment
    • Item icon Letter to defendant's solicitor giving notice of proceedings - Failure to respond to offer or counter-offer
  • Folder icon E. Other types of claims
    • Item icon Damages Claims Portal
      HM Court Service has introduced an online portal for bringing damages claims in the County Court. The portal is currently a pilot scheme but is anticipated to be permanently implemented. The Damages Claims Portal (DCP) enables a claimant to file a claim with the court, including outside normal ...

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    • Item icon Letter to unrepresented defendant - Claim via Damages Claims Portal
    • Item icon Letter to defendant's solicitors seeking acceptance of service via the Damages Claims Portal
    • Item icon Letter to defendant's insurer seeking acceptance of service via the Damages Claims Portal
    • Folder icon Library of particulars of claim
      • Item icon Two vehicle collision
      • Item icon Passenger claiming against driver in two vehicle collision
      • Item icon One vehicle one pedestrian collision
      • Item icon One vehicle one bicycle collision
      • Item icon Schedule of past and future loss and expense
    • Item icon Notice of Issue (Practice Direction 8B – pre-action protocol for low value personal injury claims in road traffic accidents)
    • Item icon Letter to client enclosing notice of issue
    • Item icon Acknowledgment of service (Practice Direction 8B)
    • Folder icon Fatal accidents
      • Item icon Fatal accidents
        When an individual dies due to a road traffic accident that was someone else’s fault, the deceased’s dependents may seek to be financially compensated. If the deceased had children or a spouse, their long-term financial needs will need to be addressed, as well as short-term expenses, such as ...

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      • Item icon Letter of claim to defendant - Fatal road traffic accident
      • Item icon Letter of claim to defendant's solicitor - Fatal road traffic accident
      • Item icon Letter to defendant's solicitor notifying of claim under Law Reform (Miscellaneous Provisions) Act 1934 following death of injured party
      • Item icon Letter to client as dependant of deceased requesting details of deceased's income, pension and investments
  • Folder icon F. Pre-action protocols before issuing proceedings
    • Item icon Pre-action protocols before issuing proceedings
      If the process used through the online portals fails because no settlement could be reached, or the case was not appropriate for determination through the portals, proceedings will be considered. The Civil Procedure Rules specify pre-action protocols as set out in Practice Direction 27B and ...

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    • Item icon Letter to client advising on protocols
    • Item icon Letter to client confirming instructions to issue proceedings despite non-compliance with protocols
    • Item icon Enclosure - Overview of the litigation process from a claimant's point of view
  • Folder icon G. Settling the matter
    • Item icon Alternative dispute resolution
      The Glossary to the Civil Procedure Rules defines alternative dispute resolution (ADR) as a collection of methods of resolving disputes other than through the normal trial process. There is no one prescribed form of ADR as much depends on the case, the parties, the merits of their arguments, and ...

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    • Item icon Cost consequences without ADR
      Cost consequences will follow if the case proceeds to litigation without ADR being considered. The Court of Appeal has clearly stated that no dispute is too intractable to be mediated: N J Rickard Limited v Holloway & Anor [2015] EWCA Civ 1631. The court’s position is summed up in Halsey v ...

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    • Item icon Letter to the other side’s solicitor suggesting alternative dispute resolution
    • Item icon Mediation settlement agreement
    • Item icon Offers to settle
      There are opportunities to settle disputes, even when the parties’ relationship has soured. Settling the dispute can reduce costs and stress for all parties.

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    • Item icon Letter to defendant’s solicitor making Calderbank offer
    • Folder icon If required - Part 36 offers
      • Item icon Enclosure - Part 36 offers
      • Item icon Letter to client suggesting making a Part 36 offer
      • Item icon Offer to settle (Section I Part 36)
      • Item icon Letter to other side's solicitor making Part 36 offer
      • Item icon Letter to client enclosing copy Part 36 offer made
      • Item icon Letter to client enclosing copy Part 36 offer received
    • Item icon Settlement agreement - Road Traffic Accident
    • Item icon Letter to client with draft settlement agreement
    • Item icon Letter to other side's solicitor with settlement agreement
    • Item icon Letter to court confirming settlement
    • Item icon General form of judgment or order
    • Folder icon Library of example consent orders
      • Item icon Clause - Consent order for judgment notation of agreement
      • Item icon Clause - Consent order payment inclusive of costs
      • Item icon Clause - Consent order judgment in favour of one party
      • Item icon Clause - Consent order for proceedings to be dismissed with no order as to costs
      • Item icon Clause - Consent order for acceptance of lesser sum
    • Item icon Letter to other side's solicitor sending draft consent order
    • Item icon Letter to court filing draft consent order on settlement
  • Folder icon H. Court practice and procedure
    • Item icon To do list - Road traffic accident - Court proceedings
    • Item icon Prior to issuing proceedings
      It is important to consider whether:

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    • Item icon Part 7 claims
      The issue of proceedings is governed by Part 7 of the Civil Procedure Rules and Practice Direction 7A, supplemented by Practice Direction 7C, which deals with online claims. For more information regarding online claims, see Money Claim Online.

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    • Item icon Part 8 claims
      Part 8 of the Civil Procedure Rules provides an alternative procedure to the usual method of bringing a claim under Part 7. It is aimed at disputes where a claimant seeks the court’s decision on a question unlikely to involve a substantial dispute of fact. For example, a Part 8 claim ...

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    • Item icon Electronic filing
      Courts and tribunals are continually developing ways to commence and manage cases electronically. In the Royal Courts of Justice and Upper Tribunals, the Courts Electronic Filing System (CE-File) allows for the digital issue and management of cases. The system incorporates electronic filing ...

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    • Item icon Paper proceedings
      Multiple claims and claimants Unlike an online claim, r 7.3 of the Civil Procedure Rules permits any number of claims and claimants to be covered by one paper claim form. Multiple claims which can be dealt with in this way are subject to the following criteria:

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  • Folder icon I. Statements of case, filing, and service
    • Item icon Damages Claims Portal
      HM Court Service has introduced an online portal for bringing damages claims in the County Court. The portal is currently a pilot scheme but is anticipated to be permanently implemented. The Damages Claims Portal (DCP) enables a claimant to file a claim with the court, including outside normal ...

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    • Item icon MyHMCTS
    • Item icon Letter to unrepresented defendant advising that claim will proceed pursuant to Part 7
    • Item icon Claim form (CPR Part 7)
    • Item icon Claim form (N1SDT)
    • Folder icon Library of particulars of claim
      • Item icon Two vehicle collision
      • Item icon Passenger claiming against driver in two vehicle collision
      • Item icon One vehicle one pedestrian collision
      • Item icon One vehicle one bicycle collision
      • Item icon Schedule of past and future loss and expense
    • Item icon Letter to court filing claim
    • Item icon Letter to client confirming issue of proceedings where service is to be delayed
    • Item icon Service
      It is usual for the claimant to request that the court serves the claim. The claim will be issued within two working days from the date it is submitted online, and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the claim ...

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    • Item icon Letter to defendant serving claim
    • Item icon Letter to defendant's solicitor serving claim
    • Folder icon Enclosures for letter serving claim - Response pack
      • Item icon Guidance for defendants replying to the claim form: N1C
      • Item icon Response pack
      • Item icon Admission (specified amount)
      • Item icon Admission (unspecified amount, non-money and return of goods claims)
      • Item icon Defence form
      • Item icon Defence and counterclaim (specified amount)
      • Item icon Defence and counterclaim (unspecified amount, non-money and return of goods claims)
    • Item icon Letter to defendant providing particulars of claim after MCOL claim
    • Item icon Letter to court providing particulars of claim after MCOL claim
    • Item icon Certificate of service
    • Item icon Defendant’s response
      The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:

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    • Item icon Example content - Reply to defence
    • Item icon Extension of time
      If the defendant needs more time to respond, consent for an extension is to be sought from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree on time limit variations between themselves. Rule 15.5 notes that the parties may agree to extend ...

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    • Item icon Letter to defendant's solicitor responding to request for extension of time
    • Item icon Counterclaims and additional claims
      Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party, and other additional claims such as a defendant seeking contributions or indemnity from a third party. The rule reiterates the overriding principle that ...

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  • Folder icon J. Interim applications
    • Item icon Security for costs
      As part of a response, the defendant may apply to the court for security for costs under r 25.12. This is an application to require the claimant to pay a sum of money into court to protect the defendant’s ability to claim their costs back if they are successful in defending the claim. The ...

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    • Item icon Default judgment
      Where the defendant has failed to respond to a claim either at all or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely administrative procedure and does not require a court hearing. The claimant may obtain judgment when the ...

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    • Item icon Letter to client with advice about default judgment
    • Item icon Request for judgment and reply to admission (specified amount)
    • Item icon Request for judgment by default (amount to be decided by the court)
    • Item icon Summary judgment
      The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding, the defendant has no real prospect of defending the claim, or there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives judgment ...

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    • Item icon Letter to client with advice about summary judgment
    • Item icon Application notice
    • Item icon General form of judgment or order
    • Item icon Clause - Wording for Form N244 requesting summary judgment
    • Item icon Example content - Draft order for summary judgment
    • Item icon Letter to court filing documents
    • Folder icon If required - Evidence
      • Item icon Letter to court filing written evidence
      • Item icon Letter to other side's solicitor serving written evidence
    • Item icon Letter to client after summary judgment success
  • Folder icon K. Case management and directions
    • Item icon Case management
      The court’s approach to case management following the filing of a defence and any counterclaims or additional claims by the defendant reflects the overriding objective of the Civil Procedure Rules that cases be dealt with justly and at proportionate cost.

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    • Item icon Directions questionnaire (small claims track)
    • Item icon Directions questionnaire (fast track, intermediate track and multi-track)
    • Folder icon Enclosures for directions questionnaire - Disclosure and costs
      • Item icon Disclosure reports
        Rule 31.5(3) requires parties to a multi-track case to serve a disclosure report verified by a statement of truth not less than 14 days before the first case management conference. The standard procedure is to do this when returning the directions questionnaire. The report must describe ...

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      • Item icon Disclosure report
      • Item icon Costs budgets
        For most multi-track cases, r 3.13 requires the filing of a costs budget. Unless the court orders otherwise, the parties must file costs budgets:

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      • Item icon Costs budget (Precedent H) and budget discussion report (Precedent R)
      • Item icon Precedent T - (budget variation summary sheet)
      • Item icon Precedent H User Guide
      • Item icon Precedent S User Guide
    • Item icon Letter to client confirming costs budget
    • Item icon Letter to defendant's solicitor serving costs budget
    • Item icon Directions
      Directions are given to parties by the court to assist trial preparation. They are intended to:

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    • Item icon Small claims track standard directions
    • Item icon Small claims track special directions
    • Item icon Fast track standard directions
    • Item icon Multi-track standard directions
    • Item icon Listing questionnaires
      Also known as pre-trial checklists, these apply to fast, intermediate and multi-track cases where appropriate. Effectively a second part of the directions procedure, they seek information from the parties to enable the court to list the case and fill any gaps in getting the case from directions to ...

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    • Item icon Listing questionnaire (pre-trial checklist)
    • Item icon Application notice
    • Item icon General form of judgment or order
    • Item icon Letter to court filing documents
  • Folder icon L. Disclosure and evidence
    • Item icon Disclosure
      Disclosure is the stage in a case at which parties share the information on which they are basing their case, together with anything else that affects the case. In keeping with the overriding objective of the Civil Procedure Rules, this is to enable the case to be dealt with as efficiently as ...

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    • Item icon Letter to client regarding disclosure
    • Item icon Standard disclosure
    • Item icon Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
    • Item icon Disclosure report
    • Item icon Letter to other side's solicitor enclosing disclosure report
    • Item icon Letter to other side's solicitor requesting to inspect documents
    • Item icon Evidence
      If the applicant wishes to rely on written evidence at the hearing, they must file the evidence and serve a copy on the respondent at least three days before the hearing. If the respondent wishes to rely on written evidence, they must file that evidence and serve copies of it on all the parties at ...

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    • Folder icon Library of evidence documents
      • Item icon Proof of evidence
      • Item icon Witness statement - Civil matters
      • Item icon Example content - Witness statement for civil matters
      • Item icon Exhibit sheet to witness statement - Civil matters
      • Item icon General form of affidavit
      • Item icon Clause - Affidavit for civil matters
      • Item icon Exhibit sheet for affidavits - Civil matters
      • Item icon Notice of intention to rely on hearsay evidence
      • Item icon Notice to admit facts
    • Item icon Letter to court filing documents
    • Item icon Letter to court filing written evidence
    • Item icon Letter to other side's solicitor serving written evidence
    • Item icon Vulnerable witnesses and parties
      The overriding objective of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost, ensuring all parties are on an equal footing and able to participate fully in proceedings. However, a vulnerable party or witness may impede that participation and diminish the quality of ...

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    • Item icon Expert witnesses
      Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, despite the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure Rules and ...

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    • Folder icon If required - Expert witnesses
      • Item icon Letter to expert requesting report
      • Item icon Letter to court filing expert's report
      • Item icon Letter to other side's solicitor serving expert's report
  • Folder icon M. Final hearing and costs
    • Item icon Preparation for the final hearing
      Small claims track cases After the case has been allocated to the small claims track and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6, the court will fix a date for trial. The court will give the parties at least 21 days notice ...

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    • Item icon Letter to counsel enclosing brief
    • Item icon Brief to counsel - Road traffic accident matters
    • Item icon Letter to client advising of court hearing date
    • Item icon Letter to court advising client will not attend
    • Item icon Letter to witness advising hearing date
    • Item icon Small claims track special directions
    • Item icon Listing questionnaire (pre-trial checklist)
    • Item icon Letter to court filing documents
    • Item icon Court bundles
      A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out irrelevant documents even if disclosed in the proceedings. Rule 39.5 of the Civil Procedure Rules and paragraph 27 of ...

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    • Item icon County Court, High Court and Appeal Court - Trial bundle cover page
    • Item icon County Court, High Court and Appeal Court - Trial bundle index
    • Item icon Case summary
    • Item icon Chronology - Civil matters
    • Item icon Letter to other side's solicitor enclosing index to trial bundle
    • Item icon Letter to other side's solicitor enclosing trial bundle
    • Item icon Letter to court filing trial bundle
    • Item icon Costs for the final hearing
      Small claims track cases Costs on the small claims track are governed by r 27.14, which provides the following are recoverable:

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    • Item icon Costs budget (Precedent H) and budget discussion report (Precedent R)
    • Item icon Precedent T - (budget variation summary sheet)
    • Item icon Precedent H User Guide
    • Item icon Precedent S User Guide
    • Item icon Final hearing
      Preparation for the final hearing

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  • Folder icon N. Finalising the matter
    • Folder icon If required - Discontinuance
      • Item icon Notice of discontinuance
      • Item icon Letter to court filing documents
    • Item icon Letter to client advising successful outcome and enclosing invoice
    • Item icon Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice
    • Item icon Invoice recital - Road traffic accident
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

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