Pre-Action Protocol & Issuing Claims

Question 1

What is the effect of silence while engaging in ADR at the pre-action protocol stage?

Answer 1

It can amount to unreasonable behaviour.

Question 2

Effect of non-compliance with pre-action protocols

Answer 2

1. Increased costs and interest.
2. Court may stay proceedings (but cannot order engagement in ADR directly).

Note – court will consider effect of non-compliance and is unlikely to sanction for minor infringements.

Question 3

Justification for non-compliance with pre-action protocols

Answer 3

1. Limitation period about to expire.
2. Urgent proceedings i.e. search order or risk of destroying evidence.

Question 4

Pre-action protocol – when should the defendant respond to the letter of claim?

Answer 4

By a reasonable time.

Question 5

Procedure for Personal Injury Protocol.

Answer 5

1. Letter of notification by the claimant (brief details so that D can notify insurer).
2. Parties consider rehabilitation/care needs.
3. Letter of Claim.
4. D must acknowledge LoC within 21 days.
5. D to send full letter of response within 3 months.
6. Parties disclose key documents.
7. Joint selection of quantum expert or C discloses report and D sends written questions.

Question 6

What is the threshold for a non-personal injury claim to be heard at the High Court?

Answer 6

More than £100,000 i.e. 100,001.

From £100,001 – both courts have jurisdiction.

Question 7

What is the threshold for a personal injury claim to be heard at the High Court?

Answer 7

£50,000 or more.

From £50,000 – both courts have jurisdiction.

Question 8

Additional factors considered to issue proceedings

Answer 8

1. Complexity of facts, legal issues, procedures or remedies.
2. Public importance.

Question 9

Consequences of starting proceedings in the wrong court

Answer 9

1. Costs of transfer.
2. Discretional deduction of up to 25% of awarded costs for wrongly beginning proceedings in the HC.

Question 10

Requirements to issue proceedings

Answer 10

1. Claim form: one copy issued at court, one per defendant and one for the claimant.
2. Payment of court fee.

Question 11

Effect of issuing on limitation period

Answer 11

Stops clock running for limitation purposes and starts the clock for serving the Particulars of Claim.

Question 12

How are Money Claims issued?

Answer 12

1. Most claims are issued in the County Court Money Claims.
2. Money Claim only can be used for claims with a value of up to £100,000 and against a maximum of two defendants. D can respond through the service.

Question 13

What does the court do upon ‘issuing’ a claim?

Answer 13

Enters a date of issue on the claim form, gives claim a case number, seals all copies and creates a case management file.

Question 14

What does the court disregard when calculating the value of a claim for issuing purposes?

Answer 14

1. Interest;
2. Contributory Negligence;
3. Costs;
4. Value of any counterclaim;
5. Social security benefits;
6. Set-off.

Example – VAT would be taken into account.