Pre-Action Conduct Flashcards
A claimant follows the Personal Injury Pre-Action Protocol and sends a Letter of Claim to the defendant. The defendant fails to acknowledge it within the required timeframe and provides no response within 3 months. The claimant proceeds to litigation.
What is the most likely consequence for the defendant?
A) The claim is automatically struck out
B) The court may impose a cost penalty on the defendant
C) The defendant can later deny liability without consequences
D) The defendant is automatically found liable
B) The court may impose a cost penalty on the defendant
Explanation:
Under the Pre-Action Protocol for Personal Injury Claims, the defendant must acknowledge the Letter of Claim within 21 days and respond fully within 3 months. Failure to comply can result in cost penalties even if they later defend the claim.
A claimant wishes to apply for a search order because they suspect the defendant will destroy crucial documents before trial. The pre-action protocols usually require notice to be given to the defendant.
What should the claimant do?
A) Ignore the protocols and proceed straight to court
B) Inform the defendant before applying for the order
C) Apply for the order without notice and explain the urgency to the court
D) Wait until the pre-action requirements are fulfilled
C) Apply for the order without notice and explain the urgency to the court
Explanation:
In cases requiring urgent action or where notifying the defendant would undermine justice, pre-action requirements may be bypassed. The claimant must justify this to the court.
The defendant in a personal injury claim admits liability in their Letter of Response but disputes the amount of damages being claimed. What should happen next?
A) The defendant must accept the claimant’s proposed damages
B) The claimant must immediately issue proceedings
C) The parties should exchange key documents and engage in settlement discussions
D) The court automatically determines damages
C) The parties should exchange key documents and engage in settlement discussions
Explanation:
Once liability is admitted, the next step is to resolve the dispute over damages. The parties should exchange evidence, negotiate, and consider ADR before trial.
The defendant suggests mediation to resolve a dispute. The claimant ignores the suggestion and proceeds with litigation. How might the court respond?
A) The claimant automatically wins
B) The court imposes a cost penalty on the claimant
C) The defendant is not allowed to present their defense
D) The court orders the case to mediation
B) The court imposes a cost penalty on the claimant
Explanation:
Under Pre-Action Conduct rules, the court expects parties to consider ADR. Ignoring ADR suggestions can result in cost penalties for unreasonable conduct.
A claimant has one day left before the limitation period expires. They have not yet followed pre-action protocols. What should they do?
A) Issue proceedings immediately and apply for a stay
B) Follow the full pre-action protocol before issuing proceedings
C) Request an extension of the limitation period from the court
D) Abandon the claim
A) Issue proceedings immediately and apply for a stay
Explanation:
Where limitation is about to expire, the claimant can issue proceedings first and apply for a stay to comply with pre-action protocols afterward.
A claimant sends a Letter of Claim. The defendant responds after three months but fails to provide key documents. What should the claimant do?
A) Ignore the response and proceed to trial
B) Request the missing documents and allow time for compliance
C) Apply for an immediate judgment against the defendant
D) Withdraw the claim
B) Request the missing documents and allow time for compliance
Explanation:
The claimant should request the missing documents and allow the defendant to comply before taking further action.
A claimant is bringing a small claim worth £3,000 and follows the pre-action protocol strictly, making extensive document requests that seem disproportionate. What is the likely court response?
A) The court allows all requests
B) The court may find the claimant’s conduct unreasonable
C) The court orders the defendant to comply immediately
D) The case is struck out
B) The court may find the claimant’s conduct unreasonable
Explanation:
Pre-action protocols must be followed proportionately. Excessive demands in low-value claims may be considered unreasonable.
A defendant initially denied liability but later, after court proceedings started, admits liability. How might the court respond?
A) The court may impose cost penalties for late admission
B) The defendant avoids all cost penalties
C) The claimant must pay the defendant’s legal costs
D) The case is automatically dismissed
A) The court may impose cost penalties for late admission
Explanation:
A late admission of liability can lead to cost penalties if it caused unnecessary litigation.
A claimant in a personal injury case obtains a medical report and sends it to the defendant. The defendant wants to challenge it. What should happen next?
A) The defendant selects a separate medical expert
B) The defendant must accept the report
C) The court decides on the validity of the report
D) The defendant submits written questions to the existing expert
D) The defendant submits written questions to the existing expert
Explanation:
Under Personal Injury Pre-Action Protocol, a joint medical expert should be agreed upon. If the defendant disagrees with the report, they can submit written questions.
The claimant and defendant settle a claim before trial, but the defendant fails to pay. What should the claimant do?
A) Issue fresh proceedings for breach of contract
B) Apply to court to enforce the settlement
C) Restart pre-action negotiations
D) Ignore the issue
B) Apply to court to enforce the settlement
Explanation:
Settlements reached pre-trial are binding agreements. The correct action is to enforce the settlement through court rather than restarting the process.
