The following TMT practice note produced in partnership with David Hirst of 5RB provides comprehensive and up to date legal information covering:
This Practice Note provides guidance upon the application of the Pre-Action Protocol on Media and Communications Claims (the Protocol). It considers when the Protocol 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, prior to 2019, were not previously 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 practice direction. For further information on these changes, see News Analysis: New rules for media and communications claims from 1 October 2019. This Practice Note therefore considers the following issues:
what the Protocol is
when the Protocol applies
the aims of the Protocol
the standards set out in the Protocol relating to:
the letter of claim
the response to the letter of claim
alternative dispute resolution (ADR)
the consequences of breaching the Protocol
limitation and the Protocol
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