Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols
Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols
  • When does the Practice Direction on Pre-Action Conduct and Protocols apply?
  • Objectives
  • Exchanging information
  • Settlement and ADR
  • Experts
  • Limitation
  • Non-compliance
  • Stocktake
  • Court specific guidance

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

This Practice Note explains when the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) (in force from 6 April 2015, in place of the previously named Practice Direction Pre-Action Conduct) applies and sets out its principles and purpose. It also deals with the contents of a claimant’s letter of claim and the defendant’s response to it, as well as briefly addressing issues concerning alternative dispute resolution (ADR), limitation and experts.

Should you require details of, and access to, the Practice Direction in force prior to 6 April 2015, see Practice Note: Pre-action behaviour in non-protocol cases (pre 6 April 2015) [Archived].

When does the Practice Direction on Pre-Action Conduct and Protocols apply?

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.

For details of all the pre-action protocols, see Practice Note: The pre-action protocols and when they apply.

Objectives

Before commencing proceedings, the court will expect