SA3 Flashcards
(24 cards)
What is the main focus of the pre-action conduct summary?
The practice direction on pre-action conduct and protocols section C of the White book and the pre-action protocol for PI
This summary emphasizes the importance of parties trying to settle disputes before resorting to court action.
What is the core theme of the practice direction on pre-action conduct?
Encourage parties to have their cards on the table and actively try to prevent court action
Court action should be a last resort.
What are the objectives of pre-action conduct and protocols?
- Understand each other’s position
- Make decisions about how to proceed
- Try to settle issues without proceedings
- Consider alternative dispute resolution
- Support efficient management of proceedings
- Reduce costs of resolving the dispute
What does proportionality mean in the context of pre-action conduct?
Use of practice direction and protocols should be proportionate and not a tactical device for unfair advantage
Costs associated with pre-action conduct should also be proportionate.
What should parties do before issuing a claim if there is no relevant pre-action protocol?
Comply proportionately with the objectives set out in paragraph 3
This includes writing to the other party with concise details of the claim.
What is required in a letter before action?
It should include the basis of the claim, a summary of facts, what the claimant wants, and how any money is calculated.
What is the expected response time for D after receiving a letter before action?
14 days in straightforward cases and no more than 3 months in very complex cases.
What must parties disclose at the pre-action stage?
Key documents relevant to the issues in dispute.
What is required before expert evidence can be relied upon at the pre-action stage?
The court must give permission
The court may also limit recoverable fees.
What should parties do if they have complied with the practice direction but the dispute remains unresolved?
Consider their papers and evidence to narrow the issues in dispute.
What are potential consequences of non-compliance with pre-action conduct protocols?
- Relief from obligations to comply
- Stay of proceedings pending compliance
- Application of sanctions
What factors does the court consider when imposing sanctions for non-compliance?
The effect of the non-compliance.
True or False: Compliance with pre-action conduct should be viewed with a common-sense approach.
True
What is the general aim of the pre-action protocol for personal injury (PI)?
- Encourage early exchange of information
- Promote better pre-action investigations
- Avoid litigation by encouraging settlement
- Support the efficient outcome where litigation is unavoidable
- Promote early provision of medical or rehabilitation treatment
What should a claimant (C) do if they expect the value of a claim to exceed the fast track limit?
Inform the defendant (D) as soon as possible.
What is the required response time for D after receiving a letter of claim?
21 days (42 days if the accident occurred outside England and Wales).
What must D’s insurer do after acknowledging the letter of claim?
Investigate and reply stating if liability is admitted, whether there is a causal link, and any defence under the Limitation Act 1980.
What is a Letter of Notification (LON)?
A letter sent to inform D or their insurer of a claim before a formal letter of claim is drafted.
What should be included in the letter of claim?
- Details of the facts
- Summary of injuries and prognosis
- Financial loss
What is the obligation of D regarding disclosed documents?
D must preserve any disclosed documents to avoid abuse of the court’s process.
What is encouraged regarding expert evidence in PI claims?
Use of a single joint expert.
What should C do if D admits liability and causation?
Send D any medical report obtained and a schedule of past and future losses.
What is the role of alternative dispute resolution (ADR) in pre-action conduct?
Litigation is a last resort and ADR should be considered throughout.
What should parties do after compliance with the PI PAP if the dispute remains unresolved?
Consider their papers and evidence to narrow the issues in dispute.
