Pre-Action Protocols

Question 1

What is the point of a PAP?

Answer 1

• Parties clarify main issues in dispute by cooperation
• More informed parties are then better placed to assess merits of their case…
• and may make early offers to settle (thereby freeing up court time and resources)

Question 2

What does the PD: Pre-Action Conduct cover?

Answer 2

• Approach of the courts
• Principles governing the conduct of parties in cases not subject to a specific PAP
• Requirements that apply in all cases

Question 3

What are the general principles of pre-action conduct?

Answer 3

• Exchanging sufficient information to enable comprehension of the other side’s case
• Making appropriate attempts to resolve the dispute without resorting to bringing proceedings (including considering ADR)

Question 4

Name the 12 specific PAPs:

Answer 4

1. Personal Injury
2. Low value RTAs (£1k to £10k)
3. Clinical negligence
4. Disease and Illness
5. Rent arrears
6. Housing disrepair
7. Mortgage possession
8. Commercial property dilapidations
9. Construction and engineering
10. Professional negligence
11. Defamation
12. Judicial Review

Question 5

What is the scope of the PI PAP?

Answer 5

Primarily designed for PI claims worth up to £25k.

However, the spirit of the protocol should still be followed in higher value cases.

Question 6

Can parties depart from the PI PAP?

Answer 6

Yes.

Although the court will want an explanation of the reasons for doing so once proceedings are subsequently issued.

Question 7

What is the general timeline of pre-action conduct in a PI claim?

Answer 7

1. C sends informal letter to D / D’s insurer. Not strictly required but good practice.
2. C sends D a letter before claim. This is the start of the formal protocol procedure.
3. D sends an acknowledgement. This must come within 21 days, naming an insurer.
4. D investigates. D (or D’s insurer) has 3 months in which to investigate the allegations.
5. If D disputes, then D replies with a denial letter and discloses all documents relevant to liability.
6. If contributory negligence is alleged by D, C should respond within a reasonable time.
7. Medical evidence must be obtained from C based on C’s injuries.
8. Negotiation or ADR considered.