Pre-issue admissions

The 49th Update of the CPR which came into force on 6 April provides that CPR 14.1A (pre-action admissions) is amended to refer to pre-action admissions made after the letter before claim, rather than the letter of claim. However, the personal injury, disease and illness, and clinical disputes pre-action protocols refer to the requirement to make any pre-action admissions in the reply to the letter of claim. This had unexpected consequences, in that the rule only applies to protocols which use the phrase ‘letter of claim’ and in the context of the personal injury pre-action protocol in particular, ‘letter before claim’ could easily be confused with the concept of an early notification letter. The Association of British Insurers, The Association of Personal Injury Lawyers, The Forum of Insurance Lawyers and The Motor Accident Solicitors Society agree that there was no intention on the part of the Rules Committee or the Ministry of Justice to create an unexpected change in behaviour and all parties agree that the pre-issue admissions should continue to be binding. Accordingly, the four bodies entered into a memorandum of understanding on 2 April that for the purposes of the personal injury, disease and illness and the clinical disputes pre-action protocols, the phrase ‘letter before claim’ in CPR 14.1A is to be interpreted as a reference to the letter of claim sent in accordance with the Personal Injury Pre-Action Protocol, The Disease and Illness Pre-Action Protocol and The Pre-Action Protocol for the Resolution of Clinical Disputes.