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Personal Injury Claims Manual

  • Complete Index as at Release 17 — June 2004
    * Precedents marked with an asterisk are prescribed forms and are not supplied on disk.

    A: Preliminaries under the Civil Procedure Rules

    A3 The Tracks
    A3-1* Application Notice under CPR Part 23 (Form N244)
    A3-2* Pre-trial checklist (Form N170)
    A3-3* Notice of Allocation or Listing Hearing (Form N153)
    A3-4* Notice of date for the return of pre-trial checklist (Form N171)
    A3-5 The Standard Directions in a Small Claims Track
    A3-6 Standard Directions for use in Small Claims Track cases arising out of Road Traffic Accidents
    A3-7 Some Special Directions in Small Claims Track cases
    A3-8 Fast Track Standard Directions
    B: Duties to the client and Funding
    B2 Funding and costs
    B2-1 Client care and costs information letter—general contentious—privately paying client—hourly rates
    B2-2 Contentious business agreement—hourly rates
    B2-3 Application to set aside contentious business agreement
    B2-4 Application to enforce contentious business agreement
    B2-5* Model Conditional Fee Agreement
    B2-6* Conditional Fee Agreement between Solicitors and Counsel
    B2-7 Application by client for detailed assessment of a solicitor’s bill
    B2-8 Application by client for delivery of a solicitor’s bill
    B2-9 Application by solicitor to sue client for costs within one month after delivery
    B2-10 Application for a charging order
    B2-11 Claim on solicitor’s bill
    C: Beginning the Claim
    C1 Communications with the Client
    C1-1 Initial letter to client to confirm appointment
    C1-2 Initial letter to client confirming appointment and enclosing questionnaire
    C1-3 Initial letter to client enclosing questionnaire
    C1-4 Client questionnaire
    C1-5 RTA questionnaire
    C1-6 Workplace questionnaire
    C1-7 Slipping and tripping questionnaire
    C1-8 Sarwar Checklist
    C1-9 Initial client care letter re: funding
    C1-10 Follow up client care letter re: funding
    C1-11 Client advice letter
    C1-12 Client advice leaflet
    C1-13 Form of authority for release of GP notes and records
    C1-14 Form of authority for release of hospital notes and records
    C1-15 Form of authority for release of earnings information
    C1-16 Form of authority for release of information from tax office
    C1-17 Form of authority for release of information from accountant
    C1-18 Special damage pro-forma
    C1-19 Letter to client advising of medical appointment
    C3 Investigations
    C3-1 Letter to hospital requesting notes and records
    C3-2 Letter to GP requesting notes and records
    C3-3 File notes of medical records requested and received
    C3-4 File notes of X-rays and scans requested and received
    C3-5 Letter to client advising of medical appointment
    C3-6 Letter to client enclosing medical report
    C3-7 Letter to client advising liability admitted
    C3-8 Letter to client advising on Part 36 offer
    C3-9 Part 36 offer letter to defendant
    C4 Defending the claim—initial steps
    C4-1 Letter to claimant’s solicitors acknowledging letter of claim (Pre-action Protocol)
    C4-2 Letter to claimant’s solicitors acknowledging service of claim form (service by solicitor)
    C4-3 Letter to claimant’s solicitors acknowledging service of claim form (service by court)
    C4-4 Letter to claimant’s solicitors acknowledging service of claim form and particulars of claim (service by solicitors)
    C4-5 Letter to claimant’s solicitors acknowledging service of claim form and particulars of claim (service by court)
    C4-6 Letter to claimant’s solicitors requiring service of claim form or discontinuance
    C4-7 Letter to claimant’s solicitors enclosing Notice of Acting/Acknowledgement of Service acknowledging extension for defence
    C4-8 Letter asking for service of particulars of claim
    C4-9 Letter acknowledging service of the particulars of claim and asking for extension of 28 days to serve defence
    C4-10 Letter to claimant’s solicitors enclosing defence
    C4-11 Letter accompanying Part 18 request for further information relating to the defence
    C4-12 Letter serving list of documents
    C4-13 Letter accompanying disclosed documents
    C4-14 Letter to claimant’s solicitor seeking further information pursuant to CPR Part 18
    C4-15 Letter to claimant’s solicitor serving application
    C4-16 Letter acknowledging letter from the claimant’s solicitor and enclosures
    C4-17 Letter accompanying notice of Part 36 payment
    C4-18 Letter accompanying notice of Part 36 payment (High Court)
    C4-19 Letter to claimant’s solicitor suggesting stay of proceedings while parties try to settle
    C4-20 Letter requesting medical examination of the claimant (if joint report not agreed)
    C4-21 Letter to hospital accompanying form of authority for release of medical notes
    C4-22 Letter demanding release of claimant’s medical records
    C4-23 Letter to claimant’s solicitor making Part 36 offer to settle (liability)
    C4-24 Letter to claimant’s solicitor making Part 36 offer to settle (quantum)
    C4-25 Letter to court enclosing acknowledgment of service
    C4-26 Letter to court enclosing Notice of Acting
    C4-27 Letter to court filing defence
    C4-28 Letter to court filing defence and counterclaim
    C4-29 Letter to court filing Defence and issuing Part 20 proceedings
    C4-30 Letter to court accompanying application
    C4-31 Letter to court informing court that an extension of time for service of the defence has been agreed
    C4-32 Letter to court filing application
    C4-33 Letter to court enclosing application to set aside judgment
    C4-34 Letter to court accompanying Part 36 payment (Royal Courts of Justice)
    C4-35 Letter to court accompanying Part 36 payment (County Court and High Court)
    C4-36 Letter to court seeking stay of proceedings during negotiations
    C4-37 Letter to court requesting issue of witness summons—service by solicitor
    C4-38 Letter to court—issuing of witness summons—service by court
    C4-39 Letter to court enclosing allocation questionnaire/listing questionnaire
    C4-40 Letter to court accompanying acknowledgment of service
    C4-41 Letter to District Registry asking that judgment be drawn up
    C4-42 Letter to claims adjustors
    C4-43 Letter to claims inspector to interview witness
    C4-44 Letter to insurers advising that proceedings have been issued
    C4-45 Letter to claims inspector in relation to enquiries
    C4-46 Letter to insurer advising that costs have been agreed and asking for payment
    C4-47 Letter to insurer advising that costs have been agreed and asking for payment
    C4-48 Letter to defendant advising that proceedings have been issued and advising on the question of discovery and the need to preserve equipment
    C4-49 Letter to defendant’s medical officer asking for entries in the accident treatment book
    C4-50 Letter to defendant’s medical officer asking for medical notes
    C4-51 Letter to defendant (when the defendant is the employer of the witness) asking that he check the availability of the witness
    C4-52 Letter to defendant (when the defendant is the employer of the witness) asking that service of witness summons take place on witness(es) (High Court)
    C4-53 Letter to insured from insurer or solicitors if acting from letter of claim (Pre-action Protocol)
    C4-54 Letter to defendants requesting signature of the statement of truth on the defence
    C4-55 Letter to defendant regarding standard disclosure
    C4-56 Letter advising witness of potential listing period and asking for details of availability
    C4-57 Alternative letter advising witness of listing period and asking for details of availability
    C4-58 Letter to witness advising of effect of witness summons (county court)
    C4-59 Letter to expert advising that the case is in the warned list
    C4-60 Letter to medical expert putting written questions under Part 35.6
    C4-61 Letter to the Compensation Recovery Unit registering a claim
    C4-62 Letter to the Compensation Recovery Unit requesting an up-to-date Certificate
    C4-63 Letter to the Compensation Recovery Unit on settlement
    C4-64 Letter to the Compensation Recovery Unit seeking a review of the CRU Certificate
    C4-65 Letter to the Compensation Recovery Unit seeking an appeal of the CRU Certificate
    C4-66 Letter to the counsel’s clerk requesting that a defence is drafted
    D: Pre-action Applications
    D1 Orders for disclosure and inspection against non-parties after issue of the Claim and pre-action applications for disclosure and inspection
    D1-1* Application for non-party disclosure
    D1-2* Application for non-party inspection
    D1-3 Witness statement in support of application for non-party disclosure
    D1-4 Witness statement in support of application for inspection of property against a non-party
    E: Special circumstances
    E1 Children and patients
    E1-1* Certificate of suitability of litigation friend (Form N235)
    E1-2* Claim form (Form N208)
    E1-3 Particulars of claim for Part 8 application seeking approval of the court for offer of settlement to child/patient
    E1-4 Draft order on settlement on behalf of child AB (Form N292)
    E1-5 Initial application for investment of damages (Form 320)
    E2 Fatal accidents
    E2-1 Specimen pleading in Fatal Accidents Act case, where deceased was a husband and father
    E2-2 Schedule of loss of dependency and other losses
    E2-3 Client questionnaire
    E2-4 Client questionnaire pro forma
    E3 Inquests
    E3-1 Post-mortem examination report
    E3-2 Form 22 Inquisition
    E4 Criminal Injuries Compensation
    E4-1* The Criminal Injuries Compensation Scheme 1996
    E4-2* The Criminal Injuries Compensation Scheme 2001
    E4-3* The Criminal Injuries Compensation Application Form—Personal Injury Cases
    E4-4* The Criminal Injuries Compensation Application Form—Fatal Injury Cases
    F: Statements of Case
    F1 Starting proceedings: the Claim Form
    F1-1 Particulars of Claim (Example of how an accident at work may be pleaded.)
    F2 Amendment
    F2-1* Application for permission to amend, indorsed with evidence in support (Form N244)
    F2-2 Amended Particulars of Claim
    F2-3* Application to disallow amendment made without permission (Form N244)
    F3 Requests for further information
    F3-1 Part 18 Request for further information (letter form)
    F3-2 Part 18 Request (letter with schedule form)
    F3-3 Application for order requiring party to reply to Part 18 request (note that Form N244 may be used)
    F3-4 Draft order for further information
    F3-5 Form PF56 Request for further information in High Court, with provision for response (Pt 18, PD para. 1.6(2))
    F3-6 Form PF57 Application for clarification or further information in the High Court (Part 18; PD 18 para. 5)
    F3-7 Form PF58 (High Court) Order for clarification or further information (rule 18.1)
    F4 Part 20 Claims
    F4-1* Part 20 Claim Form N211
    F4-2 Application to make a Part 20 claim
    F4-3 Claim for indemnity or contribution
    F4-4 Application Notice for directions in Part 20 Claim
    F5 Defences and Replies
    F5-1 Defence to Particulars of Claim
    G: Issue, service and limitation
    G1 Issue and service
    G1-1* Part 7 Claim Form and Notes (Forms N1, N1A & N1C)
    G1-2* Response Pack (Forms N9, N9A-D)
    G1-3* Notice of Issue (specified amount) (Form N205A)
    G1-4* Certificate of Service (Form N215)
    G1-5* Claim Form (CPR Part 8) (Form N 208) and notes thereto
    G1-6* Notice of Issue (Part 8 claim) (Form N209)
    G1-7* Acknowledgment of Service (Part 8 claim) (FormN210)
    G2 Allocation
    G2-1* Allocation questionnaire (Form N150)
    G2-2* Notice of allocation or listing hearing and (Form N153)
    G2-3* Notice of allocation to the Fast Track (Form N154)
    G2-4* Notice of allocation to the Multi-Track (Form N155)
    G2-5* Notice of allocation to the Small Claims Track (Form N157)
    G2-6* Notice of allocation to the Small Claims Track (preliminary hearing) (Form N158)
    G2-7* Notice of allocation to the Small Claims Track (no hearing) (Form N159)
    G2-8* Notice of allocation to the Small Claims Track (with parties’ consent) (Form N160)
    G3 Service out of jurisdiction
    G3-1 The Service Regulation (E.C.) No. 1348/2000 of May 29, 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters
    G3-2 Form PF6A (High Court) Application for permission to serve claim form out of jurisdiction (CPR r. 6.21)
    G3-3 Form PF56B (High Court) Order for service out of jurisdiction (CPR r. 6.21(4))
    G4 Limitation
    G4-1 Specimen witness statement in support of disapplication of section 11 time limits under section 33
    G4-2 Letter to client who does not wish to proceed with claim: warning of limitation period
    H: Interlocutory matters
    H1 Disclosure and inspection
    H1-1* List of Documents: Standard Disclosure (Form N265)
    H1-2* Application for specific disclosure on the grounds that the defendant has failed to serve a list of documents in compliance with a court order
    H1-3 High Court: Witness Statement in support of an application for specific disclosure
    H2 Applications
    H2-1* Application Notice (Form N244)
    H3 Judgment in default
    H3-1* Request for Judgment by Default (Form N227)
    H4 Summary judgment
    H4-1* Application for summary judgment (Form N244)
    H4-2 Witness statement in support of application for summary judgment
    H5 Interim payments
    H5-1* Application for interim payment
    H5-2 Witness Statement in support of application for interim payment
    H6 Offers to settle
    H6-1 Part 36 Offer by Defendant
    H6-2 Part 36 Offer by Claimant
    H6-3* Notice of Part 36 Payment (Form N242A)
    H6-4* Notice of Acceptance (Form N243A)
    I: Preparing for trial
    I1 Evidence
    I1-1 Notice of representative and entitlement to act (example where defendant is a company represented by an employee)
    I1-2* Statement of costs (summary assessment) (Form N260)
    I1-3* Witness Summons (Form N20)
    I1-4 Certificate of Service
    I1-5 A pre-trial checklist
    I1-6 A procedural checklist for the trial
    J: Costs
    J1 Drafting a schedule of damages
    J1-1 Example of simple schedule of loss
    J1-2 Loss of earnings for three months: schedule
    J1-3 Example of a more complex schedule of loss
    J1-4 Complex claim for future aids and appliances: assuming a 23-year life-span after trial date
    J1-5 Young person disabled for life: loss of earnings schedules
    J3 Provisional damages
    J3-1 Example of an award of provisional damages after trial
    J4 Recovery of benefits
    J4-1* Compensation Recovery Scheme notes
    J4-2* Appeal Form
    J5 Structured settlements
    J5-1 Practice Direction 40C
    J5-2 Part 1 Structured settlement order
    J5-3 Part 2 Structured settlement order
    K: Appeals
    K4 The Contents of the Appeal notice and Documentation
    K4-1* Appellant’s Notice (Form N161)
    K4-2* Guidance Notes on completing the Appellant’s Notice (Form N161A) and Notes for Respondents (Form N161B)
    K4-3 Specimen grounds of appeal from a case management decision
    K4-4 Specimen grounds of appeal from a summary judgment
    K5 The Respondent’s position
    K5-1* Respondent’s Notice (Form N162)
    K5-2* Guidance Notes (Form N162A)
    K5-3* Skeleton argument (Form N163)
    L: Clinical negligence
    L1 Investigating a clinical negligence claim
    L1-1 Letter of instruction to expert (“seeking advice”)
    L1-2 Letter of instruction to expert (“seeking a report”)
    L1-3 Guidance for medical experts as to the required form and contents of reports
    L1-4 Sample expert’s declaration
    L2 Pre-action steps
    L2-1 Application for release of GP records
    L2-2 Pre-Action Protocol for the Resolution of Clinical Disputes
    L2-3 Annex A to Protocol — Illustrative flowchart
    L2-4 Annex B to Protocol — A protocol for obtaining hospital records
    L2-5 Annex C1 to Protocol — Template for letter of claim
    L2-6 Annex C2 to Protocol — Template for letter of response
    L2-7 Annex D to Protocol — Lord Woolf’s recommendations
    L2-8 Annex E to Protocol — How to contact the Forum
    L3 Funding of clinical negligence claims
    L4 Clinical negligence litigation
    L4-1 Particulars of claim
    L4-2 Defence
    L4-3 Suggested model directions for clinical negligence cases before Master Ungley
    L4-4 Agenda for experts’ meeting
    M: Road traffic accidents
    M2 Motor Insurers’ Bureau
    M2-1* The MIB Uninsured Drivers’ Agreement 1999 and notes for guidance
    M2-2* The MIB Untraced Drivers’ Agreement 1996 and notes for guidance
    M2-3* The MIB Untraced Drivers’ Agreement 2003 and notes for guidance
    M3 Road Traffic Accidents not involving the MIB
    M3-1 Letter of claim
    M3-2 Specimen letter seeking settlement proposals
    M3-3 Example Particulars of Claim in two vehicle accident
    M3-4 Example defence to Precedent M3-3) Particulars of claim
    M3-5 Suggested directions required by the parties in a claim involving a road traffic accident injury for attachment to the allocation questionnaire where liability has been conceded
    M3-6 Suggested directions in a claim involving a road traffic accident injury to attach to the allocation questionnaire where liability is disputed
    M3-7 Suggested directions in a claim involving a road traffic accident injury to attach to the allocation questionnaire in small claims
    N: Employer’s liability
    N1-1 Example of a letter of claim where the claimant has injured his/her back in a lifting incident
    N1-2 Response to letter of claim where the claimant has injured his/her back in a lifting incident
    N1-3* Application for pre-action disclosure of documentation requested in a letter of claim (Form N244)
    N1-4 Example witness statement in support of pre-action disclosure (insert in Form N24)
    N1-5 Draft order for pre-action disclosure
    N1-6 Example particulars of claim in a lifting accident
    N1-7 Example Defence in a lifting accident-liability denied
    O: Costs
    O1 Bill of costs
    O1-1* Form N252: Notice of Commencement of Assessment Proceedings
    O1-2* Form N254: Request for a Default Costs Certificate
    O1-3 Precedent A: Model Form of Bill (CFA base costs and success fee)
    O1-4 Precedent B: Model Form of Bill (success fee/
    O1-5 Precedent C: Model Form of Bill (inter partes and LSC-6 col.)
    O1-6 Precedent D: Model Form of Bill of Costs and Schedule of Inter Partes Costs
    O1-7 High Court: Statement of Parties
    O1-8 Precedent G: Points of Dispute
    O1-9 Precedent H: Estimate of Claimant’s Costs
    O1-10* Legal Service Commission/Community Legal Service Claim 2
    O1-11 Form 15: Public Funding (Legal Aid and CLS) Assessment Certificate
    O1-12* Form N253: Notice of Amount allowed on Provisional Assessment
    O1-13* Form N259: Notice of Appeal against a detailed assessment
    O1-14* Form N251: Notice of Funding of Case or Claim
    O1-15* Form N260: Statement of Costs (summary assessment)
    O1-16 The Conditional Fee Agreements Regulations 2000 (S.I. No. 692) (came into force on 1st April 2000)
    O1-17 The Collective Conditional Fee Agreements Regulations 2000 S.I. 2000/No. 2988
    O1-18 Practice Direction in “Costs Only” Proceeding (CPD Section 17
    O1-19 Road Traffic Accidents-Fixed Recoverable Costs in Costs-Only Proceedings (CPR Part 45, Section II)
    O1-20 Fixed Percentage Increase in Road Traffic Accident Claims (CPR Part 45, Section III)

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