Q&As

Are there any transitional provisions for the Debt Pre-Action Protocol? If pre-action correspondence and a letter before claim relating to a debt claim were sent prior to the in force date of the Protocol (1 October 2017), does the prospective claimant need to re-send a letter of claim which is compliant with the Protocol?

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Published on LexisPSL on 13/11/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Are there any transitional provisions for the Debt Pre-Action Protocol? If pre-action correspondence and a letter before claim relating to a debt claim were sent prior to the in force date of the Protocol (1 October 2017), does the prospective claimant need to re-send a letter of claim which is compliant with the Protocol?

The new Pre-Action Protocol for Debt Claims (the Protocol) came into force on 1 October 2017. Where the Protocol applies, the court will expect parties to comply with its provisions prior to commencing a claim and will take into account non-compliance when giving directions for the management of any subsequent proceedings (paragraph 7 of the Protocol). The Protocol contains no transitional provisions.

See Precedent: Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims and Practice Notes: The pre-action protocols and when they apply and Start

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