Important changes have been made to the Pre-Action Protocols which came into force yesterday. At the moment the whereabout of the the Protocols is a mystery in that they have not been published generally. However there are some changes to the Low Value Personal Injury Claims RTA Protocol.
THE PRE-AC...
Great update again as always Gordon. Another point of uncertainty (for me at least) is that 7.2 of this PAP allows (for all claims) additional medical reports to be obtained from other experts where the injuries require reports from more than one medical discipline. However, the new 7.8B says that, for ST injuries, a report from a second expert can only be obtained where the first report has been disclosed to the defendant insurer. How is this first report meant to be disclosed under the portal? The only way this could be done on the portal is by sending the first report with an interim settlement pack but the interim settlement pack is meant to include the initial reports of the experts from each different discipline (as at 7.14), with the subsequent reports from each expert then to be attached to the final stage 2 settlement pack in due course.