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A pre-action protocol for abuse
claims?
+44 (0)121 237 3981
Connect with Sarah Erwin-Jones
Sarah.Erwin-Jones@brownejacobson.com
+44 (0) 115 976 6136
James Arrowsmith
A pre-action protocol for abuse
claims?
James.Arrowsmith@brownejacobson.com
What are pre-action
protocols and how do
they affect our
business?
• aims to settle disputes
outside of court
• 15 different pre-action
protocols
• could be better
financially
Why is important for me
and my employees to
know about them?
• to have clear processes
– everyone knows how
to deal with claims
• there may be
requirements in
insurance policies – e.g.
to give notice
What are they for?
• if enough information is
exchanged – a
conclusion could be
met
• alternative dispute
resolution (ADR)
Are abuse claims
different?
• type and value of
claims
• time invested to know
a case – documents,
experts
What do we mean when
we refer to abuse
claims?
• child neglect, CSE
• available to vulnerable
adults
• excludes employer
liability and sexual
harassment
S.A.R v Pre-action
disclosure – my
businesses obligations
Response required
• SAR, 40 days
• Disclosure, 2 – 3 months
• SAR – Data Protection
Act
• Disclosure - potential
claim
Witnesses
• no provisions for
witness statements
• evidence of witnesses is
essential to resolving
cases
• staff trained to expect
/ respond to SARs /
disclosure
Alternative dispute
resolution
• claimants want more
than ‘damages’
• part 36 offer
• draft protocol
• more transparency
+44 (0)121 237 3981
Connect with Sarah Erwin-Jones
Sarah.Erwin-Jones@brownejacobson.com
+44 (0) 115 976 6136
James Arrowsmith
Get in touch
James.Arrowsmith@brownejacobson.com

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Potential pre-action protocols for abuse claims - the impact on your organisation and stakeholders