Parties & Causes Of Action

Question 1

What are the parties involved in a claim?

Answer 1

Claimant = party alleging claim and seeking remedy.
Defendant = party addressed in claim, alleged to be the wrongdoer.

Question 2

What is a tort?

Answer 2

Tort = act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

Question 3

What constitutes a breach of contract?

Answer 3

Breach of contract = where a violation of any agreed terms and conditions of a binding contract brings about a certain consequence (e.g., remedies).

Question 4

What is the pre-action protocol for debt claims?

Answer 4

Applies to businesses including sole traders and public bodies that bring claims against debtors who are individuals or sole traders.

Does not apply to business to business debts (except where the debtor is a sole trader).

Question 5

What information must be included in a debt claim?

Answer 5

Claim must include information on debt owed, including statement of account with details of interest and charges, and information on how payment can be made.

Question 6

What is the response time for a recipient in a debt claim?

Answer 6

Recipient has 30 days to respond.

Question 7

What is the pre-action protocol for professional negligence?

Answer 7

Applies to claims made against professionals due to negligence.

Question 8

What information must be included in a professional negligence claim?

Answer 8

Claim must include a summary of facts and the financial value of the claim.

Question 9

What is the response requirement for a recipient in a professional negligence claim?

Answer 9

Recipient should inform insurer and acknowledge notice within 21 days of receipt.

Question 10

What is the personal injury protocol?

Answer 10

Applies primarily to personal injury claims which are likely to be allocated to fast track.

Question 11

What claims are not intended to apply under the personal injury protocol?

Answer 11

Not intended to apply to claims which proceed under RTA Protocol, EL/PL Protocol, Pre-Action Protocol for the Resolution of Clinical Disputes, and Pre-Action Protocol for Disease and Illness Claims.

Question 12

What are the parties involved in a claim?

Answer 12

Claimant = party alleging claim and seeking remedy.
Defendant = party addressed in claim, alleged to be the wrongdoer.

Question 13

What is a tort?

Answer 13

Tort = act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

Question 14

What constitutes a breach of contract?

Answer 14

Breach of contract = where a violation of any agreed terms and conditions of a binding contract brings about a certain consequence (e.g., remedies).

Question 15

What is the pre-action protocol for debt claims?

Answer 15

Applies to businesses including sole traders and public bodies that bring claims against debtors who are individuals or sole traders.

Does not apply to business to business debts (except where the debtor is a sole trader).

Question 16

What information must be included in a debt claim?

Answer 16

Claim must include information on debt owed, including statement of account with details of interest and charges, and information on how payment can be made.

Question 17

What is the response time for a recipient in a debt claim?

Answer 17

Recipient has 30 days to respond.

Question 18

What is the pre-action protocol for professional negligence?

Answer 18

Applies to claims made against professionals due to negligence.

Question 19

What information must be included in a professional negligence claim?

Answer 19

Claim must include a summary of facts and the financial value of the claim.

Question 20

What is the response requirement for a recipient in a professional negligence claim?

Answer 20

Recipient should inform insurer and acknowledge notice within 21 days of receipt.

Question 21

What is the personal injury protocol?

Answer 21

Applies primarily to personal injury claims which are likely to be allocated to fast track.

Question 22

What claims are not intended to apply under the personal injury protocol?

Answer 22

Not intended to apply to claims which proceed under RTA Protocol, EL/PL Protocol, Pre-Action Protocol for the Resolution of Clinical Disputes, and Pre-Action Protocol for Disease and Illness Claims.

Question 23

What are the parties involved in a claim?

Answer 23

Claimant = party alleging claim and seeking remedy.
Defendant = party addressed in claim, alleged to be the wrongdoer.

Question 24

What is a tort?

Answer 24

Tort = act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

Question 25

What constitutes a breach of contract?

Answer 25

Breach of contract = where a violation of any agreed terms and conditions of a binding contract brings about a certain consequence (e.g., remedies).

Question 26

What is the pre-action protocol for debt claims?

Answer 26

Applies to businesses including sole traders and public bodies that bring claims against debtors who are individuals or sole traders. ## Footnote Does not apply to business to business debts (except where the debtor is a sole trader).

Question 27

What information must be included in a debt claim?

Answer 27

Claim must include information on debt owed, including statement of account with details of interest and charges, and information on how payment can be made.

Question 28

What is the response time for a recipient in a debt claim?

Answer 28

Recipient has 30 days to respond.

Question 29

What is the pre-action protocol for professional negligence?

Answer 29

Applies to claims made against professionals due to negligence.

Question 30

What information must be included in a professional negligence claim?

Answer 30

Claim must include a summary of facts and the financial value of the claim.

Question 31

What is the response requirement for a recipient in a professional negligence claim?

Answer 31

Recipient should inform insurer and acknowledge notice within 21 days of receipt.

Question 32

What is the personal injury protocol?

Answer 32

Applies primarily to personal injury claims which are likely to be allocated to fast track.

Question 33

What claims are not intended to apply under the personal injury protocol?

Answer 33

Not intended to apply to claims which proceed under RTA Protocol, EL/PL Protocol, Pre-Action Protocol for the Resolution of Clinical Disputes, and Pre-Action Protocol for Disease and Illness Claims.

Question 34

What should C do as soon as possible?

Answer 34

C should contact D as soon as possible ## Footnote This is crucial for initiating the claims process.

Question 35

What should be sent if it takes time to prepare the letter of claim?

Answer 35

C should send a letter of notification ## Footnote This serves as an initial communication to inform D of the claim.

Question 36

What must be included in the letter before claim?

Answer 36

Certain information must be sent ## Footnote This information is necessary for the claim process to proceed.

Question 37

How long must C wait before issuing proceedings if D has admitted liability?

Answer 37

C must wait 21 days ## Footnote This waiting period is part of promoting early settlement.

Question 38

What are the conditions under which C must wait 21 days before issuing proceedings?

Answer 38

Conditions include: * D has admitted liability * There has been full disclosure of medical reports * C has sent D schedules of loss and damage ## Footnote These conditions facilitate the potential for settlement.

Question 39

What is the response time for D or insurer?

Answer 39

D or insurer should respond within 21 days ## Footnote Timely responses are essential for the claims process.

Question 40

What is the duty on D regarding evidence disclosure?

Answer 40

D has a duty to preserve disclosure documents ## Footnote This is critical for ensuring that all relevant evidence is available.

Question 41

What does the experts protocol set out?

Answer 41

The protocol sets out the procedure for joint selection of experts ## Footnote This ensures a fair and unbiased selection process.

Question 42

What type of claims does the Road Traffic Accident (RTA) Protocol apply to?

Answer 42

Low value personal injury claims in road traffic accidents ## Footnote This protocol streamlines the handling of these claims.

Question 43

What happens to low value straightforward road traffic claims?

Answer 43

They go through the RTA portal ## Footnote This is a designated process for handling such claims efficiently.

Question 44

What is the process for claims meeting the RTA criteria?

Answer 44

They follow a 3-stage process ## Footnote This structured approach helps in resolving claims systematically.

Question 45

What is the special part 8 hearing process used for?

Answer 45

Used when liability is admitted but damages are not agreed ## Footnote This allows for a legal determination on the amount of damages.

Question 46

What happens to complex cases or those where liability is not admitted?

Answer 46

They come out of the portal for litigation ## Footnote This indicates a more complex legal resolution process.

Question 47

What procedures apply to employer's liability and public liability claims?

Answer 47

Claims arising from accidents/diseases due to a breach of statutory duty or common law duty of care ## Footnote These claims follow specific legal frameworks to ensure accountability.