When asked about the legal system in this country, most people would probably describe it as being very slow, complicated, expensive and uncertain. They would largely be right. However, it also has lots of good features as well. Most importantly, it provides a means to compensate CRPS sufferers to help them put their lives back on track.

In the right hands, the legal process needn’t be a mystery or a worry, but instead it can be used to good effect in order to achieve the very best result for the person who needs it most i.e. someone’s who’s life has been blighted by CRPS. An experienced CRPS solicitor should be able to take away the additional stress and worry and guide the sufferer through the legal process within the minimum of fuss.

There is every possibility that a good out of Court settlement will be secured along the way.  Experience shows that the very vast majority of cases are settled by negotiation at some stage during the court process. However, the Court is there to fall back on if all else fails.

The following paragraphs have been prepared to give an overview of the key stages in a compensation claim and, in particular, to give an outline of the Court process. It sets out the main steps which are likely to be encountered and attempts to explain some of the legal terminology.

Pre-Action Protocols

Pre-action protocols - Legal System in the UKThese are the rules and procedures that both sides are expected to follow before consideration is given to commencing formal court proceedings. The person making the claim is known as the “Claimant” and the person or organisation against whom the case is being pursued is known as the “Defendant”.

There are various Protocols in place which vary according to the type of case. The 2 that are most likely to apply to a CRPS compensation claim are the Pre-Action Protocol for Personal Injury Claims, and the Pre-Action Protocol for the Resolution of Clinical Disputes. All of the Protocols form part of the court rules (called the “Civil Proced