Personal Injury

1 Matter Plan Included

ALERTS - Nil
Full Commentary - Personal Injury - Acting for the Claimant
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- Medical Glossary
- Ogden Tables: actuarial compensation tables for injury and accidental death
Overview and limitation periods

Most personal injury claims are based on the common law tort of negligence and, to a lesser extent, statutory duty. This guide introduces the complex area of law relating to personal injury. It will focus on claims based on:
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Summary of the process

The usual steps in acting for a client in a personal injury matter are:
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A. Getting the matter underway
- File cover sheet - Personal injury
- To do list - Personal injury - Acting for the claimant
- First steps
- Retainer instructions - Personal injury
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Initial letter to client enclosing Client Care and Terms of Business
- Enclosures for initial letter to client
  - Client care information
  - Terms of business
  - Scope of work - Personal injury
  - A summary of the personal injury claim process
  - Enclosure - Overview of the litigation process from a claimant's point of view
- Funding
  
  Before advising clients on funding options, practitioners need to ensure they receive the best possible information on how their matter will be priced at the time of engagement, throughout the matter, and the likely overall cost. It is important to ensure that clients understand the cost structure ...
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- If required - Conditional fees and damages-based agreements
  - 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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  - Conditional fee agreement
  - Letter to client explaining barrister's fees
  - Letter to client giving informed consent to conditional fee agreement
  - Enclosure - Conditional fee agreements explained
  - Damages-based agreements
    
    A damages-based agreement is a contract between a practitioner and client that, if the client’s claim is successful, the practitioner will be entitled to a share of the damages recovered as their fee. If the claim is not successful, the practitioner will not be paid. Damages-based agreements differ ...
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  - Damages-based agreement
  - Letter to client enclosing damages-based agreement for signing
  - Enclosure - Damages-based agreements
  - Notice of funding of case or claim
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. Preparatory casework and letters before claim
- Limitation issues
  
  The court cannot extend the limitation period before it has expired. If there is insufficient time to investigate the claim properly or to carry out the steps set out in the Pre-Action Protocol for Personal Injury Claims before time runs out, the following options are available:
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- If required - Limitation issues
  - Personal injury limitation flowchart
  - Standstill agreement to extend limitation
  - Standstill agreement to suspend limitation
- Initial interview
  
  Much of the essential work is carried out in the early stages of personal injury litigation, making the initial interview with the client of primary importance. Therefore, in addition to carrying out professional compliance obligations, making risk assessments, giving funding and costs advice, and ...
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- Proof of evidence - Personal injury
- Damages
  
  While the claimant’s practitioner aims to obtain the maximum compensation for their client, most claims are settled out of court and fall within the fast track limit of £25,000. See The tracks. However, it is important not to raise a client’s expectations. Preliminary assessments of damages should ...
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- Pre-action protocols
  
  Pre-action protocols are specified in the Civil Procedure Rules, including the steps the court expects parties typically to take before commencing proceedings. Their objectives are to:
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- Letter to client advising on protocols
- Practice direction - Pre-action conduct and protocols
- Letter to client confirming instructions to issue proceedings despite non-compliance with protocols
- Client
  - Letter to client confirming initial actions and enclosing summary sheets
  - Letter to client enclosing authorities
  - Letter to client to attend expert appointment
  - Letter to client sending medical report
  - Letter to client seeking wage slips, P60s, or tax returns
  - Consent to provide information - General
  - Summary of medical expenses
  - Summary of other losses
- Ambulance
  - Letter to ambulance service for reports with authority
  - Authority for ambulance service records
- GP
  - Letter to GP for medical records with authority
  - Authority for GP medical records
- Hospital
  - Letter to hospital for medical notes with authority
  - Authority for hospital medical records
- Medico-legal report
  - Letter instructing a medical expert in an injury matter
  - Letter to expert seeking time for payment
  - Letter to client with irrevocable authority to pay expert from compensation
  - Irrevocable authority to pay expert from compensation
- Employer
  - Letter to employer for income details after an accident
  - Authority to employer to provide loss of income details
- Letter of claim
  
  Under the protocols, every case begins with correspondence between the opposing sides to establish the basis of the claim, allowing each side to have enough information to decide where they stand and attempt an early settlement of the matter without recourse to the courts. A letter of claim – also ...
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- Pre-action letter of claim to defendant - Personal injury
- Pre-action letter of claim to the defendant’s solicitor - Personal injury
- Certificate of service
- The defendant’s reply
  
  A letter of response should state whether the claim is accepted or denied, either in part or whole. If the letter of claim does not comply with the protocol and does not give the defendant enough details to assess the claim’s merits, it is appropriate to reply that the letter of claim is not ...
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- Rehabilitation
  
  The 2015 Rehabilitation Code encourages rehabilitation and early intervention in the compensation process. The purpose of the code is to assist the injured party in their recovery from physical, social, vocational, and psychological injuries. Detailed instructions from the client regarding their ...
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- Letter to client setting out rehabilitation requirements
- Letter to physiotherapist seeking report on rehabilitation
- Letter to physiotherapist seeking final report
- Letter to defendant enclosing evidence of rehabilitation
C. Settling the matter
- 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 not one prescribed form of ADR as much depends on the case, the parties, the merits of their arguments, and ...
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- Cost consequences without ADR
  
  If the case proceeds to litigation without ADR being considered, there are cost consequences. 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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- Letter to the other side’s solicitor suggesting alternative dispute resolution
- Mediation settlement agreement
- 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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- Letter to defendant’s solicitor making Calderbank offer
- Letter to client following agreement for CFA funding
- Interim settlement pack and response to interim settlement pack low value personal injury claims in employers' liability and public liability (£1,000 - £25,000)
- Stage 2 settlement pack and response to settlement pack
- If required - Part 36 offers
  - Enclosure - Part 36 offers
  - Letter to client suggesting making a Part 36 offer
  - Letter to other side's solicitor making Part 36 offer
  - Offer to settle (Section I Part 36)
  - Letter to client enclosing copy Part 36 offer made
  - Letter to client enclosing copy Part 36 offer received
- Settlement agreement
- Settlement agreement - Personal injury
- Letter to client with draft settlement agreement
- Letter to other side's solicitor with settlement agreement
- Letter to court confirming settlement
- General form of judgment or order
- Library of example consent orders
  - Clause - Consent order for judgment notation of agreement
  - Clause - Consent order payment inclusive of costs
  - Clause - Consent order judgment in favour of one party
  - Clause - Consent order for proceedings to be dismissed with no order as to costs
  - Clause - Consent order for acceptance of lesser sum
  - Clause - Consent order - Settlement of personal injury claim
- Letter to other side's solicitor sending draft consent order
- Letter to court filing draft consent order on settlement
- Letter to defendant's solicitor accepting offer to settle - Personal injury
D. Court practice and procedure
- To do list - Personal injury - Court proceedings
- Before to issuing proceedings
  
  It is important to consider whether:
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- 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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- Paper proceedings
  
  Multiple claims and claimants Unlike an online claim, r 7.3 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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E. Statements of case, filing and service
- Claims under £25,000
  - Letter to court issuing proceedings
  - Claim notification form - low value personal injury claims in employers' liability - accident only (£1,000 - £25,000)
  - Claim notification form - low value personal injury claims in employer's liability - disease (£1,000 - £25,000)
  - Court proceedings pack (part A)
  - Claim notification form (PL1)
  - Claim notification form (defendant only) (PL2)
  - Claim notification - low value personal injury claims in employers' liability - accident only (£1,000 - £25,000) - Defendant only
  - Claim notification - low value personal injury claims in employers' liability - disease (£1,000 - £25,000) - Defendant only
- Claims over £25,000
  - Claim form (CPR Part 7)
  - Claim form (N1SDT)
  - Letter to court issuing proceedings
- Clause - Particulars of claim - Accident at work
- Clause - Particulars of claim - Slip and trip in a public land
- Schedule of past and future loss and expense
- Letter to client enclosing notice of issue
- Letter to court filing claim
- Letter to client confirming issue of proceedings where service is to be delayed
- 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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- Letter to defendant serving claim
- Letter to defendant's solicitor serving claim
- Enclosures for letter serving claim - Response pack
  - Guidance for defendants replying to the claim form: N1C
  - Response pack
  - Admission (specified amount)
  - Admission (unspecified amount, non-money and return of goods claims)
  - Defence form
  - Defence and counterclaim (specified amount)
  - Defence and counterclaim (unspecified amount, non-money and return of goods claims)
- Certificate of service
- 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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- Example content - Reply to defence
- 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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- Letter to defendant's solicitor responding to request for extension of time
- 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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F. Interim applications
- 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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- 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 default judgment ...
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- Letter to client with advice about default judgment
- Request for judgment and reply to admission (specified amount)
- Request for judgment by default (amount to be decided by the court)
- 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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- Letter to client with advice about summary judgment
- Application notice
- General form of judgment or order
- Clause - Wording for Form N244 requesting summary judgment
- Example content - Draft order for summary judgment
- Letter to court filing documents
- If required - Evidence
  - Letter to court filing written evidence
  - Letter to other side's solicitor serving written evidence
- Letter to client after summary judgment success
G. Case management and directions
- 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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- Directions questionnaire (small claims track)
- Directions questionnaire (fast track, intermediate track and multi-track)
- Enclosures for directions questionnaire - Disclosure and costs
  - 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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  - Disclosure report
  - 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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  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
- Letter to client confirming costs budget
- Letter to defendant's solicitor serving costs budget
- Directions
  
  Directions are given to parties by the court to assist trial preparation. They are intended to:
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- Small claims track standard directions
- Small claims track special directions
- Fast track standard directions
- Multi-track standard directions
- Listing questionnaires or pre-trial checklists
- Listing questionnaire (pre-trial checklist)
- Application notice
- General form of judgment or order
- Letter to court filing documents
H. Disclosure and evidence
- Disclosure
  
  Disclosure is the stage at which parties share the information on which they are basing their case, together with anything else that affects it. In keeping with the overriding objective of the Civil Procedure Rules, this is to enable the case to be dealt with as efficiently as possible and seek ...
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- Letter to client regarding disclosure
- Letter to client sending N265 for approval
- Standard disclosure
- Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
- Disclosure report
- Letter to other side's solicitor enclosing disclosure report
- Letter to other side's solicitor requesting to inspect documents
- Evidence
  
  An applicant wishing to rely on written evidence at the hearing 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 the evidence and serve copies of it on all the parties at least ...
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- Library of evidence documents
  - Proof of evidence
  - Witness statement - Civil matters
  - Exhibit sheet to witness statement - Civil matters
  - General form of affidavit
  - Clause - Affidavit for civil matters
  - Exhibit sheet for affidavits - Civil matters
  - Notice of intention to rely on hearsay evidence
  - Notice to admit facts
- Letter to court filing documents
- Letter to court filing written evidence
- Letter to other side's solicitor serving written evidence
- 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 face impediments to participation and diminish the ...
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- 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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- If required - Expert witnesses
  - Letter to expert requesting report
  - Letter to court filing expert's report
  - Letter to other side's solicitor serving expert's report
I. Final hearing and costs
- 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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- Letter to counsel enclosing brief
- Brief to counsel - Civil matters
- Letter to client advising of court hearing date
- Letter to court advising client will not attend
- Letter to witness advising hearing date
- Small claims track special directions
- Listing questionnaire (pre-trial checklist)
- Letter to court filing documents
- Court bundles
  
  A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle for the final hearing would ordinarily include all documents filed in court and evidence, leaving out any irrelevant documents, even if they were disclosed in the proceedings. ...
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- County Court, High Court and Appeal Court - Trial bundle cover page
- County Court, High Court and Appeal Court - Trial bundle index
- Case summary
- Chronology - Civil matters
- Letter to other side's solicitor enclosing index to trial bundle
- Letter to other side's solicitor enclosing trial bundle
- Letter to court filing trial bundle
- Costs for the final hearing
  
  Small claims track cases Costs on the small claims track are governed by r 27.14, which provides that the following are recoverable:
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- Costs budget (Precedent H) and budget discussion report (Precedent R)
- Precedent T - (budget variation summary sheet)
- Precedent H User Guide
- Precedent S User Guide
- Final hearing
  
  Preparation for the final hearing
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J. Finalising the matter
- If required - Discontinuance
  - Notice of discontinuance
  - Letter to court filing documents
- Letter to client advising successful outcome and enclosing invoice
- Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
- Letter to client finalising the matter
- Example invoice
- Invoice recital - Personal injury
- Enclosure - Explaining the bill
- Closing the file
- File closing checklist
- File review form - General
Further information
Comments and suggestions for By Lawyers

This publication guides practitioners who advise and represent claimants in personal injury claims due to accidents at work or on public land.

Overview

Precedents in this publication include:

1 Matter Plan Included

Our Authors