Pre-Action Protocols and Pre-Action Applications

Question 1

If no specific protocol applies, which guidelines does the court expect litigants to follow?

Answer 1

Practice Direction

Question 2

What is the first thing C should do under the Practice Direction (PD) and all other protocols?

Answer 2

Write to D with concise details of the claim

Question 3

How long does the PD suggest D has to reply to a straightforward claim and a complex claim?

Answer 3

Straightforward = 14 days
Complex - 3 months

Question 4

What are 4 things C’s letter of claim should include under the Personal Injury Protocol?

Answer 4

1. Summary of facts
2. Impact of C’s injuries on daily life
3. Hospital attendance and reference number
4. Indication of financial losses

Question 5

How long does D have to respond to a letter of claim under a Personal Injury Protocol?

Answer 5

21 days

Question 6

What can C do if D doesn’t respond to a letter of claim under the Personal Injury protocol within 21 days?

Answer 6

C can issue proceedings

Question 7

If D’s response to a letter of claim under the Personal Injury claim states they wish to investigate the claim, how long do they have to admit/deny the claim from that point?

Answer 7

3 months

Question 8

How many days does D have to disagree with a list of experts that C sends under the Personal Injury protocol?

Answer 8

14 days

Question 9

Under the Personal Injury Protocol, where D admits liability which has caused some damage, before proceedings are issued, what 2 things should C should send to D?

Answer 9

1. Relevant medical reports
2. Schedule of any past and future expenses and losses

Question 10

How many days should C wait after sharing medical reports and schedule of expenses/losses before issuing proceedings?

Answer 10

21 days

Question 11

What are 3 likely consequences of a party failing to follow the relevant protocol or Practice Direction?

Answer 11

1. Stay of proceedings
2. Non-compliant party to pay other party’s costs
3. Restriction of interest if C is the non-compliant party

Question 12

What are the 3 situations in which it is justifiable to issue proceedings without following the relevant protocol?

Answer 12

1. Limitation period is almost over
2. Court order required to preserve evidence/assets
3. Concern that D will issue proceedings elsewhere to avoid UK courts

Question 13

When can a party make a pre-action application for disclosure of documents?

Answer 13

If the documents requested would be disclosed under standard disclosure and disclosure now would assist of disposing the claim before issuing proceedings