This new Pre-Action Protocol was introduced last year and forms part of the Civil Procedure Rules governing civil claims in England and Wales.
The Protocol applies to low value (£25,000 and under) personal injury employers’ liability or public liability claims arising after 31 July 2013.
Its purpose is to ensure swift satisfaction of admitted claims while keeping costs low for all parties concerned.
Importantly, the Protocol applies to insurers as well as defendants and insurers are likely to receive Protocol claims notifications direct from claimants through the “Claims Portal”. This is an online portal through which all parties to a Protocol claim must correspond, using email.
The Protocol lays out a three-stage claims handling process for admitted claims and imposes some tight deadlines. Any failure to comply with the deadlines can have adverse cost consequences for insurers.
Further details about the Claims Portal can be found here: www.claimsportal.org.uk
A full copy of the Protocol can be found here.