03 June 2016
Where a claimant stalls at stage 2 of the pre-action protocol for low value personal injury road traffic claims but has issued a protective county court claim which stands stayed, is there anything the defendant can do to get things moving?
The defendant may make a move within the claim which is before the court. If the claim form has not been served (and the claimant is not out of time for service under CPR 7.5(1)) then they can serve notice under CPR 7.7 for the claim form to be served or the claim discontinued and, in default, follow this up with an application for the claim to be dismissed. Alternatively, the claimant can apply for directions to include the lifting of the stay.
