Pre-Action Protocol on Media and Communications Claims
Produced in partnership with David Hirst of 5RB
Pre-Action Protocol on Media and Communications Claims

The following TMT practice note produced in partnership with David Hirst of 5RB provides comprehensive and up to date legal information covering:

  • Pre-Action Protocol on Media and Communications Claims
  • What is a pre-action protocol?
  • When does the Protocol apply?
  • Aims of the Protocol
  • Protocol standards
  • The letter of claim
  • Defamation, slander and malicious falsehood claims
  • Privacy and breach of confidence claims
  • Data protection claims
  • Harassment by publication claims
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

This Practice Note provides guidance upon the application of the Pre-Action Protocol on Media and Communications Claims (the Protocol), which came into force on 1 October 2019. It considers when it applies, its aims, content, the general consequences of non-compliance and the relationship between the Protocol and limitation.

The Protocol replaced the Pre-Action Protocol for Defamation Claims. For information on how the Protocol differs from the Pre-Action Protocol for Defamation Claims, see News Analysis: New Pre-Action Protocol for Media and Communications Claims.

As well as applying to defamation claims, the Protocol also applies to various other types of media and communications claims that have not previously been subject to a specific pre-action protocol. It was a part of a number of changes to media and communications rules that came into effect on 1 October 2019 and included a new CPR 53 and new

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