Pre-Action Conduct Flashcards
What should happen if there’s not a specific pre-action protocol suited to the dispute in question?
If not, practice direction itself should be followed
What is the usual procedure for following a practice direction?
Letter to D with type of claim, facts, what C wants from D, and if its money, how much and how that’s been calculated- with offer to ADR
What are the consequences of non-compliance in pre-action protocol?
Tailored orders from the court; sanction payments; relieve parties of complying with directions;
What is a consequence of D not complying with pre-action protocol?
What is a consequence of C not complying with pre-action protocol?
Where C has been awarded money, an order awaiting interest on that sum at a lower rate than would otherwise have been awarded.
In PI pre-action protocol, what should happen following Ds response to letter of claim?
Cs national insurance number and DOB should be supplied to Ds insurance.
Who does C send letter of Claim to in PI protocol?
The Defence and D’s insurer.
What happens if C value their claim highly at any time in PI protocol?
If at any stage C view their claim above the upper limit of fast track, they must notify D ASAP.
What is something unique to PI pre-action protocol?
C must obtain a medical report and disclose it to D who can then ask questions and/or agree to it.
How long does D have to respond to letter of claim in PI protocol?
21 days
What are things common in all pre-action protcols?
correspondence at early stages; consideration of ADR; not using ADR as a tactical device.
Generally, what is the time limit to respond to letters of claim in pre-action protocols?
D must respond to letters of claim within 14 days in a straight forward case and no more than 3 months in very complex cases.
What are general considerations for pre-action protocols as a whole?
A copy of letter of claim should be sent to D only, parties should consider using a single expert.
What is something not required in any pre-action protocols?
Letters of claim need not set out ADR proposals, and offers need not be made within 14 days of the letter of claim being served.
