4. Pre Action Conduct Flashcards
What 3 steps are required under PD-PACP before issuing a claim at court?
Claimant sends a concise claim letter (basis, facts, remedies, amount if relevant).
Defendant responds within 14 days (simple case) or 3 months (complex case).
Exchange key documents relevant to the dispute.
(3) What steps must be taken under PAP-PI before issuing a claim?
Notify the defendant with a Letter of Notification if applicable.
Send a detailed Letter of Claim outlining the facts, injuries, and financial losses.
Allow the defendant time to respond and investigate.
How does limitation interact with pre-action requirements under PD-PACP and PAP-PI?
Limitation periods are unaffected by protocols.
If proceedings are issued to comply with limitation, a stay may be requested to complete protocol steps.
What are the rules about experts in PD-PACP?
Court permission is required to rely on expert evidence.
Single joint experts should be considered for low-value claims.
Fees may be limited by the court.
(2) What is required in a Letter of Notification under PAP-PI?
When should it be acknowledged
Notify the defendant of the likely claim.
Include liability and rehabilitation details.
This does not start the protocol timetable but should be acknowledged within 14 days.
What is the response period for acknowledgin letters of claim for personal injury claims under PAP-PI?
Defendant must acknowledge the Letter of Claim within 21 days.
Up to 3 months allowed for liability investigation.
(4) What is required in a Letter of Claim under PAP-PI?
How many copies
How detailed
Summary of facts, injuries, financial losses, and claims.
Two copies: one for the defendant and one for their insurer.
Level of detail must allow assessment of liability and claim size.
What are the consequences of non-compliance with PD-PACP?
Sanctions may include:
Costs penalties.
Reduced or increased interest rates.
Stay of proceedings to comply with protocols.
What are the consequences of non-compliance with PAP-PI?
Minor breaches unlikely to result in sanctions.
Significant non-compliance can lead to costs penalties or procedural stays.
What are the limitations of the application of PD-PACP?
Applies only where no specific pre-action protocol (e.g., personal injury) applies.
hat is the purpose of a stocktake under PAP-PI?
Review strengths and weaknesses of each party’s case.
Jointly evaluate evidence to resolve issues or prepare for efficient litigation.
What is the purpose of a stocktake under PD-PACP?
Final review of positions and evidence.
Aim to narrow issues or avoid litigation before issuing proceedings.
What are the potential justifications for non-compliance with PD-PACP?
Limitation deadlines require urgent action.
Urgent applications (e.g., freezing orders).
Justifications do not excuse procedural defects entirely.
(3) How does PAP-PI handle negotiations after an admission of liability?
Claimant provides medical reports and expense schedules.
Parties are encouraged to attempt settlement.
Proceedings should not be issued unless necessary to avoid being time-barred.
What are the possible outcomes of failing to comply with PAP-PI?
Procedural delays or stays to complete protocol steps.
Costs penalties for unreasonable conduct.
(3) What is the quantification of loss under PAP-PI?
Claimant provides a schedule of past and future losses.
Updates should be provided if ongoing losses evolve.
Details must be sufficient for the defendant to understand and assess the claim.
What are the rules for pre-action applications under PD-PACP?
Generally limited to disclosure applications.
Court rulings on liability or substantive issues pre-issue are rare.
How does PAP-PI handle cases exceeding fast-track limits?
Notify the defendant immediately if the claim exceeds £25,000.
Follow the protocol’s spirit for higher-value claims.
