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 practice 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
  • Claimant's letter before claim
  • Defendant's acknowledgement of the letter before claim
  • Claimant's reply
  • Debt claims - Claimant is a business and defendant is an individual
  • ADR
  • Experts
  • More...

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

ARCHIVED: This Practice Note is for historical reference.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.

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 and consider ADR

  3. act

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