“Oops! You Forgot the Details!” a requisite for Pre Action disclosure

A personal injury claim has stumbled at the first hurdle after the Letter of Claim lacked the required detail.

The case, involving an alleged workplace accident at a High Street retail store, saw the claimant’s legal team attempt to get access to documents from the defendant pre-action.

The claimant, represented by Express Solicitors, had sent a Letter of Claim back in September 2024, hoping to kickstart proceedings with a pre-action disclosure request.  They then made an application to the court for the documentation.  This was defended robustly on the basis the Letter of Claim lacked detail and was not protocol compliant.  Express withdrew the application and submitted a revised version of the Letter of Claim however, costs could not be agreed.

Liverpool County Court ruled that the original letter failed to meet the standards of the Pre-Action Protocol for Personal Injury Claims. The defendant, represented by Clyde & Co Claims LLP on behalf of Hiscox Insurance, was found to be entirely justified in opposing the request.

In a scathing judgment, the court said the claimant’s letter didn’t properly explain what happened, who was allegedly at fault, or what injuries and losses were being claimed. As a result, the claimant was ordered to pay £1,500 in legal costs.

This marks several wins for Clyde & Co in similar cases — and serves as a sharp reminder that when it comes to workplace claims, vague just won’t cut it.

Commenting on the result, Hiscox said: "This decision represents Hiscox's commitment to protect our customers from the cost of claims which are speculative and entirely without merit. We are pleased that the court shared our disapproval of this type of litigation conduct. A big thank you to Clyde & Co for helping to secure the correct decision for our customer."