This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explains the Pre‑Action Protocol for public liability and personal injury claims in England and Wales, covering early notification, letters of claim, defendant responses, disclosure, expert reports, settlement negotiations, and why following the protocol matters before issuing court proceedings.
Before a public liability claim proceeds to court in England and Wales, the parties are expected to follow a set of procedures called a pre‑action protocol. This forms part of the Civil Procedure Rules (CPR) and is designed to ensure that disputes are investigated, communicated and, if possible, resolved before formal court proceedings are issued. For personal injury claims arising from public liability incidents, the relevant protocol sets out clear steps, timeframes and standards of conduct that both claimants and defendants should observe. Understanding this process improves clarity, reduces unnecessary litigation, and supports efficient resolution.
What Is a Pre‑Action Protocol?
A pre‑action protocol is a formalised series of steps the court normally expects both sides in a civil dispute to take before issuing a claim form in the civil courts. For public liability claims, it is part of the broader Pre‑Action Protocol for Personal Injury Claims, which applies to most claims for compensation for injuries (excluding certain exceptions such as disease claims or minor road traffic accident claims handled under separate protocols).
The aims of the protocol are to:
- Encourage early and full exchange of information about the claim.
- Promote better pre‑action investigation, so that each side understands the strengths and weaknesses of the case before court action.
- Enable the parties to settle the dispute without litigation where possible.
- Support efficient and proportionate management of disputes that ultimately proceed to court.
Compliance is expected unless a justified reason exists for variation, and courts may impose costs sanctions for unreasonable non‑compliance.
When the Pre‑Action Protocol Applies
The main Pre‑Action Protocol described in this article applies to personal injury claims including public liability claims, particularly those that would normally be allocated to the fast track in the civil courts. Separate protocols exist for low value personal injury claims (including certain public liability claims under £25,000) and for road traffic accident claims within the small claims framework; the general principles, however, remain similar.
Fundamental Steps in the Protocol
1. Early Notification
Before sending a detailed letter of claim, a claimant or their legal representative may send a Letter of Notification to the defendant or their insurer where potential defendants may have limited knowledge of the incident. This initial communication alerts the other side that a claim is likely and allows them to prepare to respond. The defendant should acknowledge this notification promptly, often within 14 days.
2. Rehabilitation Considerations
One of the distinctive features of the personal injury pre‑action protocol is an early focus on the claimant's rehabilitation needs. Parties should consider medical treatment or rehabilitation options at an early stage, because early intervention may improve outcomes and reduce long‑term costs.
3. Letter of Claim
The main formal step is the Letter of Claim. This must be sent to the defendant (and their insurer, if known) and should contain sufficient detail to allow the defendant to assess liability and the value of the claim. The letter typically summarises:
- The facts of the incident;
- How the injury occurred;
- The alleged breach of duty by the defendant;
- The nature of the injuries and their impact; and
- An indication of financial losses claimed.
The claimant should send two copies of this letter-one to the defendant and one for their insurer.
4. Acknowledgement and Response
After receiving the Letter of Claim:
- The defendant must acknowledge receipt in writing within a short timeframe.
- The defendant is normally given up to **three months to investigate the claim and provide a substantive Letter of Response setting out whether liability is admitted, denied, or admitted in part.
If liability is denied, the defendant should set out their version of events and provide copies of relevant documents which will be material to the issues in dispute.
5. Disclosure of Documents
Part of the protocol involves an exchange of relevant documentation. The parties should disclose documents that are material to the claim and would normally be disclosed in court proceedings, such as medical records, accident reports, risk assessments, or CCTV footage. This early disclosure helps clarify key issues and may avoid unnecessary proceedings.
6. Experts and Evidence
The protocol encourages the early preparation and exchange of expert reports where necessary. In many personal injury cases, a medical expert report is obtained by the claimant and shared with the defendant. The defendant may then question the report or agree it, potentially reducing the need for further expert evidence if settlement is achievable.
7. Settlement Negotiations
If liability is admitted, or after relevant evidence has been exchanged, parties may negotiate settlement. The claimant may send a schedule of losses detailing past and anticipated expenses, such as medical costs or loss of earnings, to support settlement discussions. Offers to settle can also be made under CPR Part 36, which has specific procedural effects and consequences if accepted or not.
8. Stocktake
If the dispute has not been resolved before the end of the protocol stages, both sides should undertake a stocktake review. The purpose is to identify the strengths and weaknesses of their cases and consider whether litigation can be avoided or, if not, ensure the issues are narrowed before court proceedings are started.
Consequences of Not Complying With the Protocol
The Civil Procedure Rules allow the court to impose sanctions where a party has not followed the pre‑action protocol without good reason. This might include adverse cost orders or directions requiring certain steps to be taken. The court will consider whether the parties complied in substance with the protocol principles and whether any non‑compliance affected the other party.
Importantly, compliance with the protocol does not extend statutory limitation periods for issuing court proceedings. Where the limitation period is close to expiring, claimants' solicitors may need to issue proceedings early and seek a court order to stay the claim so that the remaining pre‑action steps can be completed without prejudice to the limitation deadline.
Common Questions
Does the Pre‑Action Protocol guarantee settlement?
No. The protocol encourages early exchange of information and negotiation, but it does not guarantee that settlements will be reached. If issues remain unresolved, court proceedings may still be necessary.
Can I follow the protocol without a solicitor?
Yes. Parties without legal representation are still expected to comply with the protocol as far as reasonably possible, though independent legal advice is recommended.
Is the Letter of Claim the start of court proceedings?
No. The Letter of Claim is a formal communication before court. A claim form must still be issued in the civil courts to start litigation if settlement is not achieved.
Key Takeaways
The Pre‑Action Protocol for public liability and other personal injury claims sets out a structured process for claimants and defendants to follow before court proceedings are commenced. Its purpose is to encourage early information exchange, investigation of liability, consideration of rehabilitation needs and negotiation of settlement, with court action as a last resort. Key steps include sending a Letter of Notification and a Letter of Claim, allowing the defendant time to respond, exchanging relevant documentation and expert reports, and engaging in settlement discussions. Parties should comply with the protocol requirements to avoid procedural sanctions and to foster resolution without litigation. Understanding and following these steps promotes clarity and efficiency in public liability claims.
