Non-compliance with pre-action provisions

Published by a LexisNexis Dispute Resolution expert

Practice notes

Non-compliance with pre-action provisions

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a party being sanctioned and what those sanctions might be.

For more general guidance on the extent to which costs incurred pre-action may be recoverable, see Practice Note: Pre-action—costs recovery.

Compliance with pre-action protocols

The Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) sets out the conduct usually expected of parties prior to the issue of proceedings. It includes provisions that will apply in all cases, but is specifically stated to apply if none of the other more specific protocols are relevant to your claim (see Practice Direction Pre-Action Conduct and Protocols, para 2). For further information, see Practice Note: Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols.

If your claim falls within one of dispute specific protocols, you will additionally need to consider carefully the provisions of that specific protocol. For details, see Practice Note: The pre-action protocols and when they apply.

The court will take into account non-compliance with a relevant pre-action