If you have been injured in an accident that wasn’t your fault, and you are considering making a compensation claim, it is important to understand the Pre-Action Protocol.
The Protocol outlines the steps that must be taken before a formal court action is initiated, aiming to encourage early resolution, reduce legal costs, and ensure fair treatment for all parties involved.
What is the Pre-Action Protocol?
The Personal Injury Pre-Action Protocol is a set of rules introduced under Chapter 3A of the Sheriff Court Rules.
The Protocol applies to most personal injury claims in Scotland, including those arising from road traffic accidents, workplace injuries, and public liability incidents.
The Protocol outlines a structured process that both the Pursuer and the Defender must follow:
Letter of Claim
The Protocol begins with the Solicitor acting for the Pursuer sending a Letter of Claim to the Defender. This letter should state:
- A clear summary of the facts
- The nature of the injuries sustained
- Any financial losses incurred
- Relevant documentation (e.g., medical reports, witness statements)
The Defender is then expected to acknowledge receipt within 21 days of the letter being received.
Defender’s Investigation
The Defender then has three months from the date of acknowledgment to investigate the claim and provide a full response. At this stage, they should confirm whether liability is admitted or denied and, if so, include evidence to support their arguments.
Disclosure of evidence
Both the Pursuer and the Defender should exchange relevant documentation such as:
- Medical reports to speak to any injuries sustained
- Accident reports if required
- Wage loss evidence to support any claim
Settlement
If liability is admitted, then both parties should try to agree a settlement figure. If this cannot be reached, the Pursuer may proceed to raise a court action.
Compliance with the Protocol is compulsory for most personal injury claims. Failure to follow the Protocol could result in a delay to proceedings and the defaulting party could be liable to pay additional costs.
The Scottish Courts and Tribunals Service also requires Pursuers in an undefended Simple Procedure case to lodge an Account of Expenses before a decision is made.
The Pre-Action Protocol provides a chance to resolve disputes in a timelier manner. The Protocol allows a more cooperative and cost-effective approach to personal injury litigation in Scotland.
Contact our Personal Injury Solicitors
If you’ve suffered an injury in an accident that wasn’t your fault, our experienced team is here to help. Understanding and following the Pre-Action Protocol can make a significant difference to the success and speed of your claim.
Contact Calio Claims for clear, expert guidance on your personal injury claim. Call us now on 0800 988 8082 or complete our online enquiry form and one of our solicitors will be in touch shortly. We’re committed to helping you secure the compensation you deserve, with minimal stress and maximum support.
