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?

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Published on LexisPSL on 09/09/2020

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

  • 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 are set out in the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) and the pre-action protocols. The protocol that relates most closely to the subject matter of the dispute should be followed. For details of all the pre-action protocols, see Practice Note: The pre-action protocols and when they apply.

If there is no protocol for the type of dispute you are dealing with, you should refer to the Practice Direction, which sets out various general pre-action conduct requirements that apply to all claims, and is specifically stated to apply where no other specific protocol is relevant (paragraph 2 of the Practice Direction). For more information on the Practice Direction, see Practice Note: Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols. In particular, the Practice Direction includes provisions concerning non-compliance which apply to all claims (unless a specific protocol applies to your claim and contains provisions to the contrary). For more information on non-compliance, see Practice

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