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December 2003
Pre-action Protocol for Disease and Illness Claims
When the Civil Procedure Rules (CPR) were introduced on 26 April 1999, there was the promise that the pre-action protocol for personal injury claims would be the first of a number of other protocols including disease and illness claims. Lord Woolf recommended the development of pre-action protocols ‘to build on and increase the benefits of early, but well informed, settlements which genuinely satisfy both parties to a dispute.’ The protocol relating to the pre-litigation handling of disease and illness claims was originally scheduled for implementation during 2001 but was subsequently deferred. This has received the approval of the Head of Civil Justice, and is effective 8 December 2003 and applies solely to England and Wales. The protocols will have a major impact upon policyholders, who will need to consider how they will respond following implementation. View...(PDF)
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