§ Mr. RooneyTo ask the Parliamentary Secretary, Lord Chancellor's Department when the personal injury pre-action protocol was introduced; and what changes have been made since its inception. [50999]
§ Ms Rosie Winterton[holding answer 18 April 2002]: The personal injury pre-action protocol was published in January 1999 and came into force from 26 April 1999. Some minor amendments were introduced in June 2000 following suggestions from the personal injury protocol working party. The amendments were aimed at clarifying various elements, such as the scope of the protocol, rather than substantive changes.
The personal injury working party is currently conducting a comprehensive review of the protocol and will be considering what, if any, further amendments may be required. The first meeting of the working party to discuss the review is scheduled for 7 May 2002.
443W
§ Mr. RooneyTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans the Lord Chancellor has to issue guidance on the case of Carlson v. Townsend heard in the Court of Appeal in April 2001. [51001]
§ Ms Rosie Winterton[holding answer 18 April 2002]: My Department has no plans to issue guidance on the case of Carlson v. Townsend.
That said, the judgment in that case will be one of the issues considered by the personal injury protocol working party as part of its comprehensive review of the protocol.
§ Mr. RooneyTo ask the Parliamentary Secretary, Lord Chancellor's Department what the implications are for the operation of the personal injury pre-action protocol arising out of the case of Carlson v. Townsend heard in the Court of Appeal in April 2001. [51002]
§ Ms Rosie Winterton[holding answer 18 April 2002]: The question of whether the personal injury pre-action protocol will require redrafting in the light of this judgment is one of the issues that will be considered by the personal injury protocol working party as part of its comprehensive review. The first meeting of the working party to discuss the review is scheduled for 7 May 2002.
§ Mr. RooneyTo ask the Parliamentary Secretary, Lord Chancellor's Department what obligation there is on the part of a defendant to disclose medical reports to a third party under the personal injury pre-action protocol. [50924]
§ Ms Rosie Winterton[holding answer 18 April 2002]: Under the personal injury pre-action protocol parties are encouraged to exchange information but are not obliged to do so. However, if the dispute proceeds to court, the judge may impose costs sanctions if it is deemed that by not disclosing information the party has acted unreasonably.