Professional Negligence
Professional Negligence Protocol
Where a professional negligence claim is threatened the parties have to abide by court rules which govern their behaviour before formal court proceedings are instigated. These rules are called pre-action protocols. The professional negligence protocol sets out the steps that must be taken which include putting the potential defendant on notice of the claim by writing a formal letter of claim. The protocol provides for the potential defendant to respond with certain information within a certain time.
The protocol provisions are designed to encourage early information exchange. As a consequence the parties may reach a settlement without court proceedings becoming necessary.
If, after having complied with the pre-action protocol, the claimant still believes that there is a valid professional negligence claim and the intended defendant does not accept responsibility for it or the claimant's view of its worth, the claimant may then issue court proceedings.
Due to the introduction of the pre-action protocol, a potential claimant can investigate the possibility of making a claim without necessarily making a definitive commitment to the issue of court proceedings and the costs that litigation will entail.
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