CPAP in Personal Injury — Scotland Explained
Quick Answer
What Is CPAP?
CPAP — the Compulsory Pre-Action Protocol — is part of the sheriff court rules. It applies to personal injury claims valued at up to £25,000 where the accident or other event happened on or after 28 November 2016. It does not apply to clinical or other professional negligence claims, disease claims, or claims where the claimant has no solicitor. Claims outside it often follow a voluntary protocol with similar steps (Scottish Civil Justice Council).
CPAP is not an online portal, and it is not the same as the English Claims Portal or the Official Injury Claim (OIC) portal. It is a distinct Scottish procedure.
How Does CPAP Work?
- Your solicitor sends the defender (usually their insurer) a letter of claim
- The insurer acknowledges it within a set period and then investigates liability
- Medical evidence is obtained and shared
- Both parties attempt to agree on compensation
- If agreement is reached, the claim settles without court
- If not, your solicitor can raise a court action
The process is designed to encourage early communication and settlement, reducing delays and legal costs.
Who Uses CPAP?
CPAP is used by personal injury solicitors in Scotland — not by pursuers directly. You do not need to understand or interact with the CPAP process yourself. Your solicitor manages it entirely. In practice it covers many lower-value road traffic, workplace and public liability claims.
How Does CPAP Affect Your Claim?
- No compensation cap — unlike the English system, CPAP does not impose fixed tariffs
- Solicitor-led — your solicitor runs the protocol steps for you
- Potentially faster resolution — the structured process encourages timely responses
- Not the end of the road — if it does not produce a fair settlement, your solicitor can raise a court action
Key Points for Scottish Pursuers
- CPAP is run by your solicitor — you don't deal with it directly
- It does not cap your compensation
- For claims it covers it is compulsory, but you can still go to court if a fair settlement is not offered
- It is completely different from the English OIC portal
- It applies only to claims up to £25,000, and not to medical negligence or disease claims
Frequently Asked Questions
What is CPAP in personal injury claims?
CPAP stands for Compulsory Pre-Action Protocol. It is a set of rules in Scotland that require parties to exchange information and try to settle claims before going to court.
Is CPAP mandatory in Scotland?
For claims it covers, yes. It applies in the sheriff court to personal injury claims worth up to £25,000 where the accident happened on or after 28 November 2016. If a party does not follow it without good reason, the court can take that into account when deciding expenses and interest.
How long does the CPAP process take?
Usually several months. The defender has set periods to acknowledge the claim and to investigate it — typically 21 days to acknowledge and three months to give a view on liability — before medical evidence is exchanged and settlement is discussed.
Does CPAP apply to all personal injury claims?
No. It does not cover claims valued above £25,000, clinical (medical) or other professional negligence claims, disease claims, or claims where the claimant has no solicitor. Those claims often follow a voluntary protocol instead.
What happens if the other side ignores CPAP?
If the defender does not engage, your solicitor can raise a court action. The court can take the defender's non-compliance into account when it decides expenses and interest.
Last reviewed: by Personal Injury Claims Scotland