Pre Action Conduct

Question 1

What must claimant do?

Answer 1

Send letter of claim

Question 2

When does defendant need to reply to letter of claim

Answer 2

Within reasonable period - 14 days - 3 months depending

Question 3

Why send letter of claim

Answer 3

Parties are expected to follow the rules unless exceptional reason not to

Parties are encouraged to focus on resolving disputes without involving the courts by enabling parties to obtain info they reasonably need to settle at earliest opportunity
- take stock of positions
- consider ADR

Question 4

Before commencing a claim, the court expects parties to have exchanged sufficient info to….

Answer 4

Understand respective decisions
Make decision on how to proceed
Attempt to settle
Consider ADR
Reduce costs

Question 5

Effect of trivial breach of pre action conduct?

Answer 5

Parties must comply with the spirit of the protocols - court not concerned with trivial breaches

Question 6

When does PD on Pre-Action Conduct apply

Answer 6

Applies to all cases, but provisions of specific protocols (if applicable) will override any conflicting provisions of the PD

Question 7

Pre-Action Protocol for Personal Injury Claims requirements

Answer 7

Applies to claims likely to be allocated to fast track (up to £25k)

C must write letter of notification to D giving details to notify insurer
C must then write letter of claim
D has 21 days to acknowledge letter
D must investigate and send response within 3 months of acknowledging claim

If D denies quantum or liability:
- parties disclose docs, engage in negotiations, consider settlement
- c send schedule of losses
- jointly select quantum expert

Question 8

Failure to comply with pre action conduct rules

Answer 8

Court will decide if failure merits adverse consequences - can require an explanation

Question 9

Possible court orders upon breach of pre action conduct

Answer 9

Parties relieved of obligation to comply
Proceedings stayed while steps taken to comply
Sanctions