TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (II): PERSONAL INJURY CLAIMS AND THE HOUSING LAWYER’S DILEMMA

At the Housing Law Conference last Friday I had the pleasure of meeting, and lecturing with, one of the doyenne’s of housing law, Giles Peaker,  author of the “Nearly Legal” blog on housing law.  Naturally I was pleased to leave all discussion of landlord’s duties to him. I concentrated on issues of liability and causation.  I found, in the Pre-Action Protocol for Housing Condition Claims, a dilemma for housing lawyers.

WHAT THE PROTOCOL SAYS ABOUT PERSONAL INJURY CLAIMS

“3.5 Housing conditions claims may contain a personal injury element. If the personal injury claim requires expert evidence other than a General Practitioner’s letter, the Personal Injury Pre-Action Protocol should be followed for that element of the housing conditions claim. If the personal injury claim is of a minor nature, and will only be evidenced by a General Practitioner’s letter, it is not necessary to follow the Personal Injury Pre-Action Protocol. If the situation is urgent, it would be reasonable to pursue separate housing conditions and personal injury claims, which could then be case managed together or consolidated at a later date.”

THE DILEMMA – WHAT IS A CLAIM OF A “MINOR NATURE”

There is no definition of what is meant by a “minor nature”. I am assuming (and this is only an assumption) that this relates to claims that are underneath the personal injury small claims limit – where damages for pain, suffering and loss of amenity are less than £1,500.  However this not clear.

WHAT THE HOUSING LAWYER HAS TO CONSIDER

• Is this solely a housing claim.
• Is this a housing claim with a “minor” personal injury element.
• Is this a housing claim with a “non-minor” personal injury element.
• Is this, in reality, a personal injury claim with a housing element.

What we all agreed is that it is dangerous for the housing lawyer to overlook the personal injury element.   Consideration must be given to whether there is a claim for personal injury and its likely value.  Unless the lawyer is satisfied that the injuries are “minor” then the Personal Injury Pre-Action Protocol should be done separately as suggested in the Housing Protocol.