Syllabus Area 3 - Pre Action Protocols Flashcards
What are PDPA used for?
To set a standard of behaviour to follow
When should be used?
Before proceedings: if there is a specific one to follow, use that one, if there is not, parties should exchange information and use the generalised PDPA.
What are the main objectives of the general PDPA?
Courts expect parties to exchange sufficient information to understand each others positions, should understand how to proceed, how to settle, consider ADR, support the efficient management and reduce costs by resolving dispute.
Why should the PDPA be used in a proportionate way?
It should NOT be used as a tactical advantage over another party and should only be used where it would be reasonable and proportionate to do so in line with costs as costs recoverable will be considered on proportionate basis.
What are the steps before issuing a claim before court? (general PDPA)
C writes to D with concise details of claim: summary, value and remedy. Then, D responds in a reasonable time limit (3 months for complex, 14 days for straightforward) accepting or denying liability. D’s response may include a counterclaim + evidence.
When should an expert be used?
Court must give permission.
When will an expert be appointed?
If it is a low value claim, a singular joint expert used and costs can be split. Court may limit fees recoverable.
What is stocktake?
Where parties review their position ,stregnths and weaknesses of their case, review all evidence to see if litigation can be avoided or at least narrow disputes
Does PDPA affect limitation?
PDPA does not act as a time stop or limitation clock. Limitation Act 1980 always applies
What if limitation is about to expire?
if limitation about to expire, start proceedings even if PDPA not complied with as can order stay of proceedings to comply for better position for C
What happens if ADR not considered?
Conduct may be considered unreasonable.
What happens if protocol not followed?
Considered unreasonable conduct and may order costs
What if C or D changes claim/defence?
Substantial change in claim may mean that considered unreasonable
Is Letter of Claim and response the same status as SOC?
No, cannot be sanctioned.
How can D’s response time limit be extended?
It can be varied IF D has little knowledge of claim or origin of claim is unclear.
What can any pre-action applications be applied for?
Pre-action disclosure can be but not a pre-issue ruling
What are the general aims for PDPA personal injury?
This is to encourage disclousre of information, pre-action investigation, avoid litigation by agreeing settlement, support efficient time management and prompt medical ehab to address C’s needs.
What kind of claims use this PI PDPA?
Fast track claims within £25,000 including property damage. It does not include claims for RTA, employers/public, clinical dispute, disease/illness involving PI.
What is allocated to small track? (general and PI)
PI claims under £5,000 and £10,000 generally
What should be done if nearing upper limit of track?
C should notify D
What happens if falls outside of this protocol?
Use Part 7 proceedings
What is the usual steps taken for personal injury?
- LON about claim for D to notify the insurer. Parties consider rehab and on-going needs for C. 2. D to acknowledge in 14 days. 3. Letter of claim is then issued. 4. D must acknowledge LOC within 21 days. 5. D investigates and sends Letter of Response up to 3 months.
How long does D have to investigate?
3 months
How do we make sure details are dealt with early on?
C’s legal rep should notify D before issuing proceedings if they can and the court should consider a stay of proceedings/extension to exchange information if they can.
