Pre-Action Protocols

Question 1

What are pre-action protocols?

Answer 1

Pre-action protocols are approved protocols for certain types of claims outlining general guidance which should be followed in the case

Question 2

What are the key aims of pre-action protocols?

Answer 2

To initiate pre-action conduct between parties, to encourage better and earlier exchange of information, better pre-action investigation, and to look to put the parties in a scenario to potentially settle without litigation

Question 3

What sort of matters do pre-action protocols deal with?

Answer 3

Matters including notification to the defendant of a potential claim, the form of the letter before claim, disclosure of documents and instruction of experts.

Question 4

What are sanctions of failing to comply with pre-action protocols?

Answer 4

If the parties have not complied with pre-action protocols, and the proceedings may have not been commenced otherwise, or if unnecessary costs have been incurred, the court may impose sanctions. These include an order that the party at fault pay some or all of the opponent’s costs, depriving a claimant who is a fault of some or all of the interest that he may be awarded on damages or requiring a defendant who is at fault o pay interest on some or all of any damages that are awarded to the claimant at a rae of up to 10% PA above base rate