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

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...

Pre-Action Protocol on Media and Communications Claims

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 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 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:

  1. what the Protocol is

  2. when the Protocol applies

  3. the aims of the Protocol

  4. the standards set out in the Protocol relating to:

    1. the letter of claim

    2. the response to the letter of claim

    3. alternative dispute resolution (ADR)

    4. taking stock

  5. the consequences of breaching the Protocol

  6. limitation and the Protocol

What is a pre-action protocol?

Pre-action protocols

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