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07 June 2007 / Nigel Adams
Issue: 7276 / Categories: Features , Personal injury
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The right spirit?

Nigel Adams advocates a change of culture in pre-action personal injury protocol

Eleven years ago Lord Woolf produced his final Access to Justice Report. He recommended pre-action protocols to “increase the benefits of early but well-informed settlements which…satisfy both parties”. There is no doubt the protocols and the Civil Procedure Rules (CPR) that subsequently came into force have been hugely successful, but the pre-action personal injury protocol has never specifically applied to cases above £15,000. There has simply been an expectation that practitioners working on such claims will adopt “the spirit if not the letter of the protocol” and follow a “reasonable procedure”. But such loose wording is easily open to abuse.

What happens in a multi-track case if the claimant’s solicitor does not adopt a “reasonable procedure”. And what recourse does an insurer have when any evidence provided is served on a “without prejudice” basis, thus attempting to circumvent its use in negotiation.

Lack of safeguards

The answer is that no safeguards are available to a defendant. Unless and until the claimant serves

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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