Pre Action Conduct

Question 1

What is the purpose of pre-action protocols?

Answer 1

To encourage parties to resolve disputes without litigation and follow a standard of behaviour before court proceedings.

Question 2

What are the relevant CPR provisions for Pre-Action Conduct?

Answer 2

1) Practice Direction – Pre-Action Conduct and Protocols, 2) Pre-Action Protocol for Personal Injury Claims

Question 3

What are the aims of pre-action protocols?

Answer 3

To promote a ‘cards on the table’ approach and encourage ADR to avoid litigation.

Question 4

What are the consequences of non-compliance with pre-action protocols?

Answer 4

Adverse costs or interest consequences; proceedings may be stayed until steps are taken.

Question 5

When is non-compliance with pre-action protocols justified?

Answer 5

1) Imminent expiry of limitation period, 2) Need for urgency or element of surprise.

Question 6

What are the steps under the Pre-Action Protocol for Personal Injury Claims? Particularly: How long does D have to acknowledge? And then respond?

Answer 6

1. Notification letter to D, 2. Consider rehabilitation, 3. Letter of claim, 4. D acknowledges within 21 days, 5. D responds within 3 months, 6. Disclose documents & negotiate, 7. Joint or disclosed expert report.

Question 7

What are the steps under the Practice Direction?

Answer 7

1. C sends letter of claim, 2. D responds in reasonable time (accept/reject), 3. Disclosure, negotiation, settlement proposals.

Question 8

How long is a ‘reasonable period’ for a response under Practice Direction?

Answer 8

Depends on the case, typically between 14 days and 3 months.