Pre-action behaviour in non-protocol cases (pre-6 April 2015) [Archived]
Pre-action behaviour in non-protocol cases (pre-6 April 2015) [Archived]

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

  • Pre-action behaviour in non-protocol cases (pre-6 April 2015) [Archived]
  • Practice Direction—Pre-Action Conduct
  • Principles
  • Exchanging information
  • ADR
  • Experts
  • Limitation

ARCHIVED: This Practice Note is for historical reference. It considers pre-action behaviour in non-protocol cases under the Practice Direction—Pre-Action Conduct, which was in force prior to 6 April 2015.

Practice Direction—Pre-Action Conduct

For information on the Practice Direction Pre-Action Conduct and Protocols, which replaced the Practice Direction-Pre-Action Conduct and has been in force since 6 April 2015, see Practice Note:Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols.

Practice Direction—Pre-Action Conduct

If the claim does not fall within any of the protocols, follow the principles set out in the Practice Direction—Pre-Action Conduct before proceedings are issued (para 2.1). For information on the different protocols, to determine if there are any applicable to your claim, see: The pre-action protocols and when they apply—Protocols in force prior to 6 April 2015.

The Practice Direction will not apply to (para 2.2):

  1. applications for the court to approve a consent order

  2. applications for an order where there is no other party to engage with

  3. most applications for directions by a trustee or other fiduciary

  4. applications where informing the other party in advance would defeat the purpose of the application (eg an application for a freezing order)

Principles

Parties should (para 6.1):

  1. exchange sufficient information to understand each other's position and make informed decisions about settlement and how to proceed

  2. attempt to settle the dispute without issuing proceedings