Civil Liability and Courts Act 2004

32B

F13 [ Pre-action protocol

32B. ]

Annotations:

Amendments:

F13

Inserted by Legal Services Regulation Act 2015 (65/2015), s. 219(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C5

Prospective affecting provision: section inserted by Legal Services Regulation Act 2015 (65/2015), s. 219(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F13 [ 32B. (1) There shall be a pre-action protocol relating to clinical negligence actions.

(2) The pre-action protocol shall include requirements that must be complied with by the parties to clinical negligence actions before such actions are brought.

(3) The Minister shall by regulations make provision specifying the terms of the pre-action protocol.

(4) Before making regulations under subsection (3) , the Minister shall consult

(a) the Minister for Health,

(b) the State Claims Agency,

(c) any such bodies involved in the regulation of persons providing legal services as the Minister considers appropriate,

(d) any such bodies involved in the regulation or training of persons providing health services as the Minister considers appropriate,

(e) any such bodies representative of the interests of patients as the Minister considers appropriate, and

(f) any such other bodies as the Minister considers appropriate.

(5) The Minister shall, in making regulations under subsection (3) , have regard to the desirability of

(a) encouraging the early resolution of enquiries or allegations relating to possible clinical negligence,

(b) promoting timely communication between persons who are enquiring into or making allegations about possible clinical negligence and those whom they consider may be liable in respect of it,

(c) reducing the number of cases in which clinical negligence actions are brought,

(d) facilitating the early identification of the issues in dispute in clinical negligence actions, and

(e) encouraging the early settlement of clinical negligence actions.

(6) The terms of the pre-action protocol specified by regulations under subsection (3) shall in particular include provision relating to

(a) the disclosure of medical and other records relating to persons enquiring into or alleging possible clinical negligence (including charges for disclosure),

(b) the giving of notifications of enquiries into, and allegations of, possible clinical negligence, the acknowledgement of notifications of enquiries and the giving of responses to notifications of allegations,

(c) the specification of the time at or within which records shall be disclosed and notifications given and acknowledged or responded to,

(d) the form of, and particulars to be included with, requests for disclosure or notifications of enquiries or allegations and acknowledgements of and responses to such notifications,

(e) the disclosure of material relevant to allegations and responses, and

(f) agreements to submit issues for resolution otherwise than by a court. ]