A Guide to the Compulsory Pre-Action Protocol (“CPAP”) for Personal Injury Claims
The purpose of the Compulsory Pre-Action Protocol (CPAP) is to narrow the issues in dispute and encourage settlement without the need for proceedings. CPAP facilitates early disclosure of information, promotes investigation of the circumstances, and focuses the issues in dispute.
CPAP is often used in the following claims:-
- Road traffic accidents
- Workplace accidents
- Public liability claims
CPAP can be divided into nine stages.
Stage 1 – The Claim Form
Any new claim must be intimated by way of a claim form. The Claimant must provide their details, a summary of the facts, any allegations of negligence, breaches of common law or statutory duties, an indication of injuries suffered, and any financial losses suffered.
Stage 2 – Acknowledgement of the Claim Form
The Defender must acknowledge the claim form within 21 days of receipt.
Stage 3 – Investigation of the Claim
The Defender has three months to investigate the merits of the claim and advise whether liability is admitted. If the Defender denies liability, in whole or in part, reasons must be given, including any alternative version of events relied upon. The Defender must also disclose any documents that they rely on to justify their position.
Stage 4 – Disclosure of Documents and Reports
Where liability is admitted, the Claimant must instruct a medical report and disclose to the Defender. However, where liability is admitted subject to contributory negligence, the Defender must provide reasons and disclose any supporting documents. The Claimant then must respond before raising proceedings.
Stage 5 – Statement of Valuation
The Claimant must send a Statement of Valuation of the claim to the Defender (in the same form as Form PI6 in Appendix 1 of the Ordinary Cause Rules). This must be accompanied by any supporting documents, such as wage records, medical reports, etc.
Stage 6 – Offer of Settlement
The Defender has five weeks from the date of receipt of the Statement of Valuation to make an offer to settle.
Stage 7 – Claimant’s Response to Offer of Settlement
Once an offer is made, the Claimant can either accept or issue a reasonable response within 14 days. Furthermore, the Claimant may request additional information or documents to allow a full and proper consideration of the offer.
Stage 8 – Stocktaking Period
If the offer is not accepted, the Claimant must not raise proceedings until at least 14 days after the Defender has received the reasoned response. This period allows parties to take stock of their respective positions and to pursue further settlement negotiations if desired.
Stage 9 – Payment
Any agreed damages and the expenses under CPAP must be paid within 5 weeks of settlement.
If a party fails to comply with any of the CPAP stages, then the claim can proceed to litigation.
How Calio Claims can help
Our experienced lawyers can guide you throughout the entire claims process. We have years of knowledge settling a variety of different claims from the most serious injuries sustained, to liability disputes and swift settlements for minor injuries. Whatever your claim involves, we will be able to assist you in achieving the compensation you are entitled to.
Contact our Personal Injury Lawyers
If you believe you may have a personal injury claim or simply want to understand your options under the Compulsory Pre-Action Protocol, our team is here to help. We offer clear advice from the outset and will guide you through every stage of the process.
Call us today on 0800 988 8082 or complete our online enquiry form for a free, no-obligation consultation with one of our personal injury solicitors.
