The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note is for historical reference.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.
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):
applications for the court to approve a consent order
applications for an order where there is no other party to engage with
most applications for directions by a trustee or other fiduciary
applications where informing the other party in advance would defeat the purpose of the application (eg an application for a freezing order)
Parties should (para 6.1):
exchange sufficient information to understand each other's position and make informed decisions about settlement and how to proceed
attempt to settle the dispute without issuing proceedings
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.