A new pre-action and litigation framework for Northern Ireland High Court injury and damage only claims was implemented on 13 October 2026. Practice Direction 04/2026 raises expectations on early exchange of information, investigation and active case management in Northern Ireland High Court civil claims. This replaces the 2008 Practice Direction and Pre-Action Protocol.
The new Practice Direction represents the most significant update to the framework for personal injury and damage-only claims in the Northern Ireland High Court in 18 years. It applies expressly to parties and their insurers at both the pre-action and active litigation stages. Its central message is clear: put the cards on the table earlier, investigate properly, avoid premature proceedings and keep cases trial-ready if litigation is necessary.
| Change | What the direction requires | Why it matters |
| More detailed letters of claim required | Plaintiffs are expected to provide fuller information at the outset on the accident, injuries, financial losses, hospital treatment and vehicle damage. | More complete information at notification stage should allow the main issues in dispute to be identified and investigated at an earlier stage. |
| Credit hire and repair under greater scrutiny | The Direction specifies information on impecuniosity, VAT status, roadworthiness, hire, storage, repair chronology, engineer evidence, additional drivers and high-risk charges. | These additional information requirements should provide greater transparency around credit hire, repair and storage claims and enable the relevant issues to be identified earlier. |
| Existing three-month investigation window retained | The proposed four-month period following a consultation in 2023 was not adopted. A defendant unable to comply with the three-month investigation window must explain why, identify outstanding investigations and state the further period required. | Retaining the existing period maintains the emphasis on timely investigation, while recognising that additional time may be necessary in more complex claims. |
| Earlier and continuing disclosure | Defendants denying liability or causation should provide material documents with the response, including evidence of previous accidents on which they may rely. Discovery remains an ongoing obligation. | Earlier disclosure has the potential to identify and narrow the issues in dispute and support more efficient progression of claims. |
| Earlier decisions on expert evidence on both sides | Parties should consider rebuttal medical evidence within two weeks of service of medical reports and, if required, seek to instruct an expert within four weeks. Expert meetings and Scott schedules may also be directed. | Earlier consideration of expert evidence should assist in defining the medical and other expert issues in dispute. |
| Stronger case management | First Case Management Review is listed nine months after Appearance. Agreed directions to be filed by noon the day before may avoid a review hearing. Prematurely set-down cases may be returned to the Master. | More active case management should encourage efficient progression of cases and reduce unnecessary Reviews, costs and delay. |
| Greater emphasis on early resolution and rehabilitation | The Practice Direction promotes rehabilitation, ADR, interim payments and standstill agreements, with litigation treated as a last resort. | Greater emphasis on early rehabilitation is a positive development for injured plaintiffs, supporting access to appropriate treatment and rehabilitation at an earlier stage, with the potential to improve recovery, independence and return to work or normal activities. Greater use of ADR, interim payments and standstill agreements may also help parties resolve or progress claims without unnecessary litigation. |
The new Practice Direction represents more than an update to the 2008 framework. It is a positive step in the wider modernisation of civil justice in Northern Ireland, with greater emphasis on early engagement, proportionate case management and resolving issues before they require court intervention.
For insurers, the changes should provide greater visibility of the key issues at an earlier stage, with earlier access to information supporting informed decisions on liability, reserving, rehabilitation and settlement. Where claims cannot be resolved, active case management should also support more efficient progression towards trial.
After 18 years, the introduction of an updated framework represents a step in the right direction. It signals a clear move towards earlier information sharing, earlier engagement and more effective management of High Court claims.
Ultimately, the success of the new Practice Direction will depend not simply on what it says, but on how consistently its requirements are adopted and applied across the Northern Ireland civil justice system.
If you’d like to know more about how these changes will affect your claims in Northern Ireland, please get in touch.
Megan McBrien – Partner
Andrew Scullion – Solicitor
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