Once a potential claim has been
investigated and it appears to be worthwhile pursuing, a procedure
known as the ‘Professional Negligence Pre-Action Protocol’ should be
followed.
The main steps are summarised
below:
Preliminary Notice
As soon as the claimant decides
there is a reasonable chance that a claim will be brought, he or she should
notify the professional in writing with a brief outline of the grievance and an
indication of the financial value of the claim.
The professional should acknowledge this letter within 21 days.
Letter of claim
Once the potential claim has been
investigated, the claimant should send a detailed Letter of Claim to the
professional. This should identify the
parties involved, set out the facts upon which the claim is based, the
allegations against the professional, explain how this caused the alleged loss
and provide an estimate of how the loss is calculated. Supporting documentation should be enclosed
if possible.
Letter of Acknowledgement
The professional should
acknowledge receipt of the Letter of Claim within 21 days of receiving it. The professional will then have three months
from this date to investigate the claim and respond.
Letter of Response and Letter of Settlement
Once the investigations have been
completed, the professional should send to the claimant a Letter of Response, a
Letter of Settlement or both.
The Letter of Response (normally
an open letter) should set out the professional’s answer to the claimant’s
allegations. It should make clear
whether the claim, or parts of the claim, are admitted or denied. The professional should identify any further
information which it requires of the claimant.
A Letter of Settlement (normally
a ‘without prejudice’ letter) should make a settlement proposal or identify the
further information required before a proposal can be made.
If the claim is denied in its
entirety and there is no Letter of Settlement, a claimant may commence court
proceedings. Often, however, further
correspondence and negotiations will follow between the parties.
For more information,
please see our 'Brief Guide to Professional
Negligence Claims'