Pre Action Protocols Notes

PRE-ACTION PROTOCOLS The Protocols 1. Practice Direction Pre-Action Conduct 2. Professional Negligence Pre-Action Protocol 3. Personal Injury Pre-Action Protocol 4. Resolution of Clinical Disputes Pre-Action Protocol 5. Obtaining Medical Records Pre-Action Protocol 6. Construction and Engineering Disputes Pre-Action Protocol 7. Defamation Pre-Action Protocol 8. Judicial Review Pre-Action Protocol 9. Disease and Illness Claims Pre-Action Protocol 10. Possession Claims based on Rent Arrears Pre-Action Protocol 11. Possession Claims based on Mortgage Arrears on Residential Property Pre-Action Protocol 12. Low Value Personal Injury Claims in Road Traffic Accidents Pre-Action Protocol 13. The Dilapidations Protocol Practice Direction Pre-Action Conduct Covers all claims not covered by a specific Pre-Action Protocol Overriding Objective: Parties should act reasonably in exchanging info and docs and trying to avoid necessity of starting proceedings Parties should follow a reasonable procedure suitable to the particular circumstances 1. Letter before Claim Set out: * facts * principal matters relied on * sufficient to enable Defendant to investigate the claim * basis of claim * what Claimant seeking from Defendant (remedies) Include: list of essential docs relied on in support of the claim If CFA/ATE Insurance - notify other party immediately (often in Letter before Claim) 2. Written Response Defendant should be given reasonable time to reply: 14 days (simple case) - 90 days (complex case) State: * Liability accepted in full / in part / denied * Denied: * Give detailed reasons 

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