Civil Procedure Rules Explained for Personal Injury
The Civil Procedure Rules (CPR) are the rulebook for all civil litigation in England and Wales. For personal injury claims that proceed to court — a small minority of cases, but the ones where the rules matter most — the CPR govern everything from how the claim is started to how the trial is run. Most claimants never need to understand the rules in detail because their solicitor handles the procedure. But knowing the basics helps you understand what your solicitor is doing and why some things take longer than expected.
In this guide
- What Are the Civil Procedure Rules?
- The Three Tracks
- Key Stages of a Personal Injury Claim Under the CPR
- Part 36 — The Settlement Engine
- Disclosure and the Duty of Candour
- Costs in Personal Injury Claims
- Common Questions About the Civil Procedure Rules
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains the CPR framework for personal injury cases — the three tracks, the key procedural stages, and the rules on evidence, costs, and settlement.
What Are the Civil Procedure Rules?
The Civil Procedure Rules came into force in 1999, replacing the previous Rules of the Supreme Court and County Court Rules. They were designed by Lord Woolf to make civil litigation:
- Quicker
- Cheaper
- More proportionate to the value of the dispute
- Less adversarial
The CPR are supplemented by Practice Directions and the various Pre-Action Protocols (see our personal injury pre-action protocol guide). Together they govern every stage of a UK personal injury claim that reaches the court system.
The Three Tracks
Under CPR Part 26, every defended claim is “allocated” to one of three tracks based on value and complexity. The track determines how the case is managed, what evidence is allowed, what costs are recoverable, and how the trial is run.
Small Claims Track
For personal injury claims under £1,500 for general damages (or £5,000 for road traffic accident general damages from May 2021). Small claims track features:
- Informal procedure designed for unrepresented parties
- Limited costs recovery — even successful parties recover only court fees and limited witness expenses
- Short hearings (typically one to two hours)
- Often heard by district judges in district court hearing rooms
- Expert evidence usually limited to a single jointly-instructed expert
Because legal costs are largely unrecoverable, claimant solicitors do not generally take on small claims track cases. Most claimants in this track use either the OIC portal (for RTA cases) or self-represent.
Fast Track
For claims valued between £10,000 and £25,000, where the trial is expected to last no more than one day. Fast track features:
- Standard directions timetable — typically 30 weeks from allocation to trial
- Trial usually heard by a circuit judge or district judge
- Trial limited to one day
- Expert evidence typically limited to one expert per side (or one jointly instructed expert)
- Fixed costs apply at trial — both sides know in advance what they can recover or be ordered to pay
Fast track is the standard route for most “everyday” personal injury claims that proceed to court — moderate orthopaedic injuries, manageable psychological claims, contested workplace cases.
Multi-Track
For claims over £25,000, or those of any value that involve complex issues. Multi-track features:
- Active case management by a judge
- A Case Management Conference (CMC) to set the directions
- Detailed timetable for evidence and trial preparation
- Trial can last several days or weeks
- Multiple expert witnesses typically allowed
- Costs assessed by the court if not agreed — usually substantial in serious-injury cases
All serious-injury claims, medical negligence claims, and catastrophic injury cases run on the multi-track. The detailed case management is one of the reasons these claims take longer to settle. See our serious injury claims hub.
Key Stages of a Personal Injury Claim Under the CPR
Once the Pre-Action Protocol is exhausted and a settlement has not been reached, the claim moves into the formal court process:
1. Issue of Proceedings
The claimant’s solicitor lodges a Claim Form and Particulars of Claim at the court. The Particulars set out the case in detail, including the alleged negligence and the heads of loss claimed. A court issue fee is payable, which is recoverable from the defendant if the claim succeeds.
2. Defence
The defendant has 14 days to file an acknowledgement, then a further 14 days (28 in total) to file a Defence. The Defence responds to each allegation — admitting, denying, or putting the claimant to proof. A Counterclaim may also be raised (rare in personal injury).
3. Allocation
The court reviews the case and allocates it to one of the three tracks. Both parties complete a Directions Questionnaire (CPR Part 26) which informs the allocation decision. The claimant typically has the first say on track allocation; the defendant can argue for a different track.
4. Directions
The court sets a timetable for the case — disclosure, witness statements, expert evidence, and trial. For fast track cases the standard timetable runs 30 weeks. For multi-track cases the timetable is set at a Case Management Conference.
5. Disclosure
Both sides exchange documents relevant to the case under CPR Part 31. The duty is to disclose documents that support or undermine your own case — including unhelpful documents. This is one of the most important stages of the process; defendants often disclose internal records that establish liability.
6. Witness Statements
Both sides exchange written witness statements under CPR Part 32. These set out the witness’s evidence in full; at trial the witness usually adopts their statement as their evidence-in-chief and is then cross-examined.
7. Expert Evidence
Independent expert reports are exchanged under CPR Part 35. Experts owe their duty to the court, not to the party instructing them. For complex cases the experts may meet to identify points of agreement and disagreement, producing a “Joint Statement” that narrows the issues for trial.
8. Pre-Trial Review and Trial
For multi-track cases a Pre-Trial Review is held shortly before trial to ensure everything is ready. At trial the judge hears live evidence, considers the documents, and decides liability and quantum. Most cases still settle before trial — often on the day or even during the hearing. See our will my claim go to court? guide.
Part 36 — The Settlement Engine
CPR Part 36 governs formal settlement offers and is one of the most powerful features of UK civil procedure. A Part 36 offer is a formal written offer that:
- Specifies the amount offered and what it covers
- Remains open for at least 21 days
- Has automatic cost consequences if not accepted and beaten at trial
If the claimant beats their own Part 36 offer at trial, they recover:
- Indemnity costs from the offer date (a higher costs basis than the standard rate)
- Enhanced interest on damages
- An uplift of up to 10% on damages (capped at £75,000)
If the defendant beats their Part 36 offer at trial, the claimant pays the defendant’s costs from the offer date. These rules create strong incentives to settle at realistic figures — which is why most cases settle even after proceedings are issued.
Disclosure and the Duty of Candour
Both sides must disclose documents that adversely affect their own case as well as supportive ones. Documents that should be disclosed include:
- Accident reports, internal investigation files
- Risk assessments, training records, inspection logs
- CCTV and dashcam footage
- Medical records, expert reports, treatment notes
- Tachograph data, telematics records, vehicle inspection records
- Correspondence with insurers (typically not the legal advice itself, but communications about the case)
Failure to disclose can result in adverse inferences at trial, cost penalties, and (in extreme cases) striking out of the defence. The disclosure stage often forces defendants to produce documents they would prefer to keep hidden — and these documents frequently support settlement.
Costs in Personal Injury Claims
CPR Part 44 governs costs. The general rules:
- The losing party usually pays the winning party’s reasonable costs
- For personal injury claims, the claimant has the benefit of “qualified one-way costs shifting” (QOCS) — meaning the claimant usually does not pay the defendant’s costs even if the case loses (provided the claim was not fraudulent or struck out)
- Costs are assessed by the court if not agreed between the parties
- For fast track and small claims, fixed costs regimes apply
- For multi-track cases, costs budgeting is the norm — each side estimates costs in advance, and the court approves the budget
QOCS combined with after-the-event insurance (which covers any limited adverse costs that can still arise) means most claimants face very limited financial risk in personal injury claims. See our how no win no fee works guide for the full picture.
Common Questions About the Civil Procedure Rules
Do the CPR apply to my claim if it never goes to court?
Partly. The Pre-Action Protocols (made under the CPR) apply to virtually every personal injury claim, even those that settle without proceedings. The strict trial-procedure rules only apply once court proceedings are issued, but the protocol stage is still governed by the wider CPR framework.
What if my injury value falls between the small claims and fast track thresholds?
For personal injury, the small claims threshold for general damages is £1,500 (or £5,000 for RTA cases) and the fast track upper limit is £25,000. Claims between these values are allocated to the fast track. The total value of the claim (including special damages) is also relevant — a case with £4,000 general damages and £15,000 special damages is allocated to the fast track, not the small claims track.
Can I be forced to mediate under the CPR?
You cannot strictly be forced to mediate, but unreasonable refusal to mediate is now treated as a serious matter under the CPR. Following recent case law (Churchill v Merthyr Tydfil 2023), courts have wider powers to stay proceedings to compel ADR. Most cases benefit from mediation in any event — it is often the quickest route to settlement.
My solicitor mentioned a “Calderbank” offer. What is that?
A Calderbank offer is an informal settlement offer marked “without prejudice save as to costs”. It does not have the formal Part 36 protections (no enhanced interest, no automatic indemnity costs) but it can still be brought to the court’s attention on costs after trial. Part 36 has largely replaced Calderbank offers in personal injury practice, but Calderbank language is still occasionally used.
How long does a case take once proceedings are issued?
For a fast track case, typically 6 to 9 months from issue to trial. For multi-track cases, 12 to 24 months — sometimes longer for catastrophic injury claims where the medical position is still developing. Many cases settle before trial; the typical settlement point is at the door of the courtroom or during the trial itself. See our how long does a claim take guide.
Can a costs order really be made against me even with no win no fee?
Under QOCS, generally no — the claimant is protected from adverse costs in most circumstances. The main exceptions are where the claim is found to be fundamentally dishonest, struck out for other reasons, or where the claimant fails to beat a Part 36 offer (in which case costs from the offer date apply against the damages). For the vast majority of genuine personal injury claims, the financial risk to the claimant is very limited.
Related Guides
How the Personal Injury Claim Process Works
The Personal Injury Pre-Action Protocol Explained
Will My Personal Injury Claim Go to Court?
How Long Does a Personal Injury Claim Take?
Proving Liability in a Personal Injury Claim
Evidence Needed for a Personal Injury Claim
Should I Accept the First Compensation Offer?
Check If You Could Claim Compensation For Your Injury
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