Latest Information
Pre Court Conduct - Pre-Action Protocols
01/01/2010
The courts seek wherever possible to encourage the parties to attempt to settle proceedings at an early stage and to enter into an open dialogue and exchange of information.
A number of years ago, the court introduced what are called “Pre-Action Protocols”, in relation to specific areas of litigation, namely:
- Construction and Engineering Disputes
- Defamation
- Personal Injury
- Clinical Disputes
- Professional Negligence
- Judicial Review
- Disease and Illness
- Housing Disrepair
- Possession Claims based on Rent Arrears (social landlords)
- Possession Claims based on Mortgage Arrears
If the claim falls into one of the above categories, the parties should follow the terms of the protocol, which set out the steps the parties should take before issuing proceedings. For example, the Claimant should send a detailed letter of claim and the Defendant should have a minimum prescribed period in which to investigate and respond. If a party fails to comply with the terms of an applicable pre-action protocol, it runs the risk of having an adverse costs order made against it.
On 6th April 2009, the court introduced a pre-action protocol to deal specifically with all other claims that do not fall within the prescribed categories. The general pre-action protocol can be viewed at www.justice.gov.uk
This is a further step by the courts to encourage parties in all disputes to attempt to resolve them before issuing proceedings at court.
If you require advice or assistance in respect of the above or any other Litigation matter, please contact our Litigation team on 01204 527777.