Summary of Updated Practice Direction No. 4 of 2026 Northern Ireland

The Practice Direction applies to all personal injury and damage-only civil litigation actions in the King's Bench Division of the High Court of Justice in Northern Ireland. It revokes and replaces Practice Direction 01/2008 and the 2008 Pre-Action Protocol and took effect on 13 October 2026.

The most important practical change is that a claim needs to be substantially investigated much earlier. Once the Letter of Claim arrives, the defendant cannot simply acknowledge it and leave detailed liability enquiries until proceedings. The Practice Direction expects a meaningful investigation and a properly reasoned liability/causation response, accompanied by relevant voluntary disclosure, within the pre-action period. Similarly, medical and expert evidence, ADR and settlement are expected to be actively progressed rather than left until shortly before trial. Failure to follow the framework can have costs or procedural consequences. 

Insurer expectations  

Where liability and/or causation is denied, the defendant should provide with its response material and relevant documents already in its possession which would likely be ordered to be disclosed either pre-action or during proceedings. 

The Direction specifically says that a defendant should disclose evidence concerning previous accidents involving the plaintiff upon which it intends to rely. 

Once proceedings are underway, Lists of Documents are to be compiled and served within 14 days after close of pleadings, pursuant to Order 24 rule 2. Discovery remains an ongoing obligation. 

Credit Hire 

The Plaintiff is expected, where available and relevant, to provide extensive information, to include:  

1. heads of claim; 
2. whether impecuniosity is alleged; 
3. whether the vehicle was roadworthy/drivable/in storage; 
4. occupation and business use; 
5. vehicle damage and repair documentation; 
6. credit repair details; 
7. total-loss information. 

The Direction also contains specific disclosure expectations for credit repair claims and total-loss claims, including dates of engineering inspection/reporting, repair periods, vehicle details, repair-cost breakdowns, PAV/salvage information and hire periods. 

Quantum evidence 

The Direction stresses both necessity/proportionality and expert independence. 

Expert reports may address causation, pre- and post-accident condition and prognosis, and financial-loss matters such as care, aids/equipment, adaptations, therapy, travel and loss of earnings/employment prospects. 

Parties are encouraged to explore rehabilitation early and without prejudice to liability, potentially including physiotherapy, CBT and other therapies. 

Important new timetable 

When one party receives the other party's medical evidence, it should: 

1. consider within 2 weeks whether rebuttal medical evidence is required; and 
2. if so, seek to instruct the expert within 4 weeks of receiving the evidence. 

The Master may investigate the position concerning experts at First Review, including what experts have been instructed/proposed and whether a joint expert should be considered. 

When proceedings should be issued 

Unless limitation or another protective reason applies, where liability is denied, proceedings should generally not be issued until four months after acknowledgement of the Letter of Claim. 

Where liability is admitted, proceedings should generally not issue until 28 days after service of the medical evidence and loss documentation. 

Non-compliance can lead to costs and/or procedural penalties, including potentially a stay of proceedings where the Letter of Claim, acknowledgement or substantive response requirements have not been observed. 

Clyde & Co thoughts 

The key change is not simply a collection of new deadlines. It is a change in when the substantive work is expected to be done. 

Under the new regime, the file should be substantially developed much earlier. 

Please contact Patrick Connolly for further information or expert advice on the new directions.