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Pre Action Protocols - Civil Law UK
Learn about Pre action Protocols and the set rules that must be adhered to when making a claim with the help of our No Win No Fee solicitors.
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Pre Action Protocols - Civil Law UK
Learn about Pre action Protocols and the set of rules that must be adhered to when making a claim with the help of our No Win No Fee solicitors.
What Are Pre-Action Protocols and Conduct?
The Pre Action Protocols exist as a set of procedures that both parties are required to follow before starting court proceedings. These protocols create a structure of conduct, and following them helps to avoid litigation, reduce costs and ensure a smoother claims process. A Pre action Protocol also enforces a rough time frame that both parties should follow, encouraging efficient case management. As we move through this legal glossary guide, we will discuss the main stages of Pre Action Protocols, their importance, and the consequences of them not being followed.
At JF Law, our friendly team of advisors are dedicated to providing a high-quality personalised service to people just like you. Our advisory team works 24 hours, 7 days a week to answer questions you may have and to give helpful advice. Following a free eligibility assessment, you could also be connected with one of our specialist No Win No Fee solicitors to start your claim. With decades of combined experience, our expert solicitors are ready to help you pursue the compensation that you deserve. To start your claim today, please get in touch with our friendly team:
- Call us on 0151 375 9916
- Contact us by filling out our online form
What Are Pre Action Protocols?
Pre Action Protocols are a set of rules that must be followed by both parties of a claim; however, the same procedure does not apply for each case. As such, the Pre Action Protocol process varies depending on the exact nature of the claim. For instance, the Pre Action Protocol procedure for personal injury compensation claims differs from the housing disrepair process.
To illustrate, there are established Pre Action Protocols for the following types of claim:
- Clinical Disputes
- Personal Injury Claims
- Construction and Engineering Disputes
- Defamation
- Professional Negligence
- Judicial Review
- Disease and Illness
- Housing Disrepair
- Possession of property (rent arrears)
- Possession of residential property (mortgage arrears)
- Low Value Personal Injury Claims in Road Traffic Accidents
To find out which type of claim you could make, please get in touch with one of our friendly advisors today.
The Pre Action Protocol Purpose
In essence, the Pre Action Protocol purpose is to provide parties with a fundamental understanding of what’s expected of them throughout the claims process. Through the many different stages, Pre Action Protocols allow both parties to exchange their information and documents, allowing the issues in dispute to be narrowed. Moreover, the different methods of alternative dispute resolution, such as mediation, encourages both parties to explore settlement options before a case is escalated to court.
The early exchange of documents ensures that both parties can have an open communication, allowing for clarifications on any issues. Not only does this help to avoid unnecessary litigation, but it also helps to reduce court costs and promotes a time-efficient process.
To discuss the purpose of Pre Action protocols in further detail, please get in touch with our helpful advisory team today.
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The Main Stages Of Pre-Action Protocols
The main stages of Pre Action Protocols include Letter of Notification, Letter of Claim, Defendants Investigation and Response, Disclosure of Documents and Medical Evidence.
Please see the following main stages of Pre action Protocols in further detail:
Letter Of Notification
A letter of notification is a type of letter that is sent to the third party (defendant), informing them that you intend to take legal action against them. The letter will provide the relevant information about why a claim is being made, and on what grounds. This information will allow the defendant to assess liability and in rare cases, will allow for the potential of early resolution. In response to this letter, the defendant must acknowledge receipt of this letter within 14 days. Please also note that whilst a letter of notification will contain most relevant information, a more formal and detailed Letter of Claim will follow with further evidence.
Letter Of Claim
As previously mentioned, a Letter of Claim is a formal letter that is sent to the third party (defendant), providing an overview of the circumstances on which the claim is based. Depending on the type of claim, this letter will detail the presence of any harm or injury sustained, as well as any financial losses. It will also detail the legal basis on which the claim is being made. In turn, the defendant has 21 calendar days to reply to the letter of claim.
Defendants Investigation And Response
A defendant’s investigation typically involves the defendant exploring the claimant’s claim as outlined in the Letter of Claim. Through their investigation, a defendant should come to a conclusion on their liability stance. A defendant has 3 months after an acknowledgement of a Letter of Claim to submit a response; it must address the claimant’s allegations, providing justifications for their response.
Disclosure Of Documents
The disclosure of documents refers to the process of exchanging relevant documents and supporting information between both parties. This stage allows both sides to support their arguments, ask questions and to attempt to resolve the dispute without litigation. Moreover, through this stage both parties can develop a clear understanding of the other’s position. If one party is unwilling to prevent the necessary information, the other party can apply for a court order to disclose the documents; this is otherwise known as a Pre Action Disclosure Application (PAD).
Medical Evidence
If part of a claim involves injury, medical evidence will be required as part of the Pre Action Protocols. For cases such as personal injury or medical negligence, a claimant will be required to exchange a copy of their medical records, along with any expert medical reports to support the harm or injuries suffered. An independent medical report will be highly beneficial, providing an objective and reliable documentation of your injuries suffered.
If you’re connected with one of our expert solicitors, we could arrange an independent medical assessment for you on your behalf. To find out more, please contact our friendly team today.
What Is The Importance Of Pre Action Protocols?
Pre Action Protocols are vital in providing a clear understanding and a set of rules for many different types of claim. Without them, parties may not be obliged to be as transparent in disclosing documents, resulting in increased litigation and costly processes.
As such, a full disclosure of documents at an early stage allows both parties to start a claim at an equal-footing, without the risk of surprising evidence later on. It also allows both parties to assess evidence in detail, promoting cooperation with one another to clarify any issues. In doing this, it allows both parties to understand each other’s cases early, narrowing any wide gaps between issues to become trivial points.
Moreover, the Pre Action Protocol procedure exists as the courts expectation of compliance before proceedings are issued. Following these steps will therefore show your willingness to co-operate with the defendant.
To learn more about the importance of Pre Action Protocols, please get in touch with one of our dedicated advisors.
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What Will Happen If Pre Action Protocols Are Not Adhered To?
If Pre-Action Protocols are not adhered to, the court can impose certain sanctions depending on the severity of the non-compliance. Therefore, the following consequences could occur due to a failure to comply with Pre Action Protocols:
- Adverse costs order – This is the most common type of sanction whereby a party is ordered to pay the other party’s costs and disbursements. This may be in full, or on an indemnity basis. An indemnity basis essentially means that the successful party will be reimbursed at a much higher rate, typically due to unreasonable conduct of the defendant.
- Proceedings may be paused, resulting in delays.
- Under the CPR 3.1, the court can extend or shorten the time for compliance, direct that part of the proceedings can be dealt with separately and stop the proceedings until a specified date
- A claimant who has acted with unreasonable conduct could be deprived of interest on their compensation pay-out.
- A defendant could be ordered to pay interest at a higher rate to the claimant
- A court could strike out the claim in serious cases, rendering the claim dismissed.
If you work with one of our solicitors, they will ensure the Pre Action Protocol for your claim is adhered to. Contact our advisors to learn more.
How Can JF Law Help Ensure Protocol Compliance
At JF Law, our expert team can help to ensure Protocol compliance by prioritising your claim, making sure that deadlines and rules of claim are strictly adhered to. If you’re connected with one of our specialist No Win No Fee solicitors, you could enjoy regular claim updates so you always know where it stands. By working under a Conditional Fee Agreement (CFA), you could experience the following:
- No requirement to pay any fees for your solicitor’s services prior to the claim starting or as it is ongoing
- If your claim is not a success, you won’t be required to pay solicitor fees
- If your claim is a success, you will pay a small success fee to your solicitor. The fee percentage will be capped by law, and taken out of your compensation. This means you’ll always receive the majority amount.
Our expert solicitors at JF Law could provide the following services under No Win No Fee terms:
- Arrangement of an independent medical assessment
- Explanations of Pre Action protocols and ensuring they adhere to them
- Help with applying for after the event insurance
- Assistance with evidence-gathering
- Negotiation with the defendant to achieve a settlement that best reflects your pain and suffering
- Arrangement of physiotherapy or counselling sessions to aid any ongoing injuries
To learn more about the benefits of Conditional Fee Agreements, please contact our helpful advisory team today.
Contact Our No Win No Fee Solicitors
To learn more about the Pre Action Protocols regarding your specific claim, please get in touch with our team today:
- Call us on 0151 375 9916
- Contact us by filling out our online form
More Information
Learn about other legal terminology:
- What is loss of amenity?
- What does contributory negligence mean?
- Guidance on interim payments.
Additional external resources:
- Learn about the Ministry of Justice from Gov.UK
- See the following advice on first aid from the NHS
- Get help with managing risks and risk assessment from HSE
Thank you for reading our useful guide about Pre Action Protocols.
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