Form EPL5 UK: Stage 2 Settlement Pack Explained

What this document is

Form EPL5 is the Stage 2 Settlement Pack and Response to Settlement Pack used within the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims. It applies once the defendant has admitted liability under the protocol and the parties need to agree on how much the claim is worth.

The form has two linked halves. The first, the Settlement Pack itself, is completed by the claimant and sets out the amount being claimed along with medical evidence, details of financial losses, and any other supporting material. The second half, the Response, is completed by the defendant and records their counter-offer, comments on the evidence, and any deductions they say should apply.

The pack is designed to structure negotiation within fixed timeframes set out in the protocol, typically giving the defendant 35 days to consider and respond once the pack is sent. If the parties reach agreement, the case settles without going to a Stage 3 court hearing.

If they cannot agree, the pack becomes the basis for the court's decision at Stage 3, so every entry needs to be accurate and properly supported.

How to use this document

1. Confirm the claim belongs in the EL/PL Protocol. Before using Form EPL5, check the claim value sits between £1,000 and £25,000, liability has been admitted, and the claim started life through the Claims Portal under the employers' or public liability protocol. Claims outside these limits or that have exited the portal follow a different route and different forms apply. 2. Complete the Settlement Pack section in full. As the claimant, set out the heads of loss you are claiming, including general damages for pain, suffering and loss of amenity, along with any special damages such as lost earnings, care costs, travel, or treatment expenses. Attach the medical report and documentary evidence that backs up each figure, because unsupported sums are easy for the defendant to challenge. 3. Serve the pack and wait for the response. Once the Settlement Pack is sent to the defendant, the protocol gives them a set period, usually 35 days, known as the total consideration period, to make an offer or counter-offer. During this window the defendant reviews the evidence, considers the figures, and decides whether to accept, negotiate, or dispute specific heads of loss. 4. Work through the Response section carefully. The defendant fills in their counter-offer, comments on the medical evidence, flags any heads of loss they dispute, and records any Compensation Recovery Unit deductions for state benefits or NHS charges, plus any interim payments already made. The net value of the offer is what the claimant actually receives after those deductions are applied. 5. Accept, negotiate, or move to Stage 3. If both sides agree the gross amount, the claim settles and payment follows under the protocol's timescales. If there is no agreement at the end of the consideration period, the claim proceeds to Stage 3, where a judge decides the value based on the contents of the Court Pack, which draws heavily on what was said in Form EPL5.

Common questions