FOIL Update – Stage 3 Evidence

  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

This appeal concerned the interpretation of one aspect of the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims ("the Protocol"), namely the procedure to be followed if a claimant sought to rely for the purpose of the Stage 3 Procedure of the Protocol on evidence served out of time, and in particular whether this was a matter to be dealt with by the court under paragraph 7 of Practice Direction (PD) 8B (as the District Judge held at first instance in this case) or whether it led to automatic dismissal of the claim under the Protocol under paragraph 9 (as the Circuit Judge held on appeal).


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