Pre-action conduct

Q&As

Is there any guidance on when the Pre-Action Protocol for Debt Claims applies as opposed to other protocols applying? In particular, which protocol would apply where a private builder company is owed money by an individual following the non-payment of an invoice in respect of building works?

Is there any guidance on when the Pre-Action Protocol for Debt Claims applies as opposed to other protocols applying? In particular, which protocol...

Produced in partnership with Julia Dias QC of 7KBW 1st Aug

Q&As

Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?

Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?The...

1st Aug

Q&As

If a party is silent in response to points made in a letter of claim will those points be deemed to be accepted?

If a party is silent in response to points made in a letter of claim will those points be deemed to be accepted?The obligations of parties pre-action...

31st Jul

Q&As

Does the Construction Pre-Action Protocol apply to a low value dispute between a homeowner and builder? Does it make a difference if the homeowner is the potential claimant?

Does the pre-action-protocol'>Construction Pre-Action Protocol apply to a low value dispute between a homeowner and builder? Does it make a difference...

Produced in partnership with Ryan Turner of Lamb Chambers 31st Jul

Q&As

Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is time-barred and ii) a preaction meeting/negotiation has already taken place (in compliance with the Construction and Engineering Protocol)?

Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is...

31st Jul

Q&As

During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?

During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?STOP PRESS: this Q&A is based on the first edition of...

31st Jul

Q&As

If parties have started (but not completed) the pre-action process under the first edition of the Pre-Action Protocol for Construction and Engineering Disputes, should they now switch to the second edition or continue under the first?

If parties have started (but not completed) the pre-action process under the first edition of the Pre-Action Protocol for Construction and Engineering...

31st Jul

Q&As

Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal representatives?

Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?

Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?This Q&A considers the scenario where A has a claim...

31st Jul

Practice notes

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses....

30th Jul

Practice notes

Key considerations at the pre-action stage of a construction dispute

Key considerations at the pre-action stage of a construction disputeThe purpose of this Practice Note is to set out the steps which should be taken in...

Produced in partnership with Abdul Jinadu of Keating Chambers 30th Jul

Practice notes