Practice Direction - Pre-action Conduct + Compliance

Question 1

when does this apply?

Answer 1

applies where there is no specific pre-action protocol.

Question 2

what is the purpose of this?

Answer 2

to explain conduct + steps the court would expect parties to take before issuing proceedings

Question 3

what are the objective set out in the PD?

Answer 3

parties should exchange sufficient information to:
o Understand each other’s position
o Try to settle without issuing / consider ADR
o Support case management + seek to reduce costs in resolving dispute

Question 4

explain proportionality

Answer 4

PD makes specific reference to proportionality, including:
* Only reasonable + proportionate steps should be taken
* Costs incurred should be proportionate. Disproportionate costs = irrecoverable

Question 5

what steps should be taken before issuing a claim?

Answer 5

1) C should send a letter inc. summary of facts + legal basis + resolution sought (inc. sum of money and how this was calculated)
2) D should respond within a reasonable time = 14 days (straightforward case) up to 3 months (complex)
3) Both parties should disclose key documents

Question 6

what may the court order if there has been a failure to comply with the pre-action protocols?

Answer 6

o Order ADR take place if this is proportionate
o Proceedings are stayed until compliance takes place
o Costs sanctions, inc.: costs order (inc. on an indemnity basis) and/or increasing/reducing interest payable

Question 7

when is the court unlikely to be concerned by a breach?

Answer 7

court unlikely to be concerned with minor/technical breaches, particularly if matter is urgent