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03 June 2016
Issue: 7701 / Categories: Case law , Judicial line , In Court
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Asleep at stage 2

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.

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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