Pre-action steps

Question 1

What should a party do if they do mot wish to engage in a form of ADR proposed to them?

Answer 1

They must serve a witness statement giving reasons within 21 days of the proposal.
This is not shown to the trial judge until issues of costs.

Question 2

What does the court have the power to do if parties do not engage in ADR?

Answer 2

The court can stay proceedings or order parties to engage in ADR as long as it doesn’t impair the claimant’s right to proceed to a judicial hearing.

Question 3

What is the basic rule for limitation periods?

Answer 3

6 years from the date of the cause of action

Question 4

What is the limitation period for personal injury?

Answer 4

3 years ( won’t arise until claimant is 18)

Question 5

What is the limitation period for latent (hidden) damage in negligence?

Answer 5

6 years from the cause of action or 3 years from the date of knowledge of the damage (whichever is later)
No later than 15 years from the negligent act or omission

Question 6

What happens if parties do not engage with the pre-action protocols?

Answer 6

The courts will have regard to it when determining costs