> ### PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS

> ### INTRODUCTION

> 1.1 | Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of pre-action protocols: "To build on and increase the benefits of early but well informed settlement which genuinely satisfy both parties to dispute".
> 1.2 | The aims of pre-action protocols are: more pre-action contact between the parties better and earlier exchange of information better pre-action investigation by both sides to put the parties in a position where they may be able to settle cases fairly and early without litigation to enable proceedings to run to the court's timetable and efficiently, if litigation does become necessary.
> 1.3 | The concept of protocols is relevant to a range of initiatives for good litigation and pre-litigation practice, especially: predictability in the time needed for steps pre-proceedings standardisation of relevant information, including documents to be disclosed.
> 1.4 | The Courts will be able to treat the standards set in protocols as the normal reasonable approach to pre- action conduct: If proceedings are issued, it will be for the court to decide whether non-compliance with a protocol should merit adverse consequences. Guidance on the court's likely approach will be given from time to time in Practice Directions.
> 1.5 | If the court has to consider the question of compliance after proceedings have begun it will not be concerned with minor infringements, e.g. failure by a short period to provide relevant information. One minor breach will not exempt the "innocent" party from following the protocol. The court will look at the effect of non-compliance on the other party when deciding whether to impose sanctions.

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