Pre-action Protocols

Question 1

Practice Direction (Pre-Action Conduct) elements (7)

Answer 1

• Detailed letter before claim
• Reasonable time for reply before issuing proceedings (14/30/90 days depending on complexity)
• Reply states whether D accepts liability in full/part/not at all, giving reasons
• Must consider ADR (only)
• Make realistic Part 36 offers
• Documents disclosed to be used for no other purposes
• Consider ways to minimise costs

Question 2

PAPs (response time)

Answer 2

1) PI (3 months)
2) Clinical negligence (14 days/3 months)
3) Construction (14/28 days)
4) Defamation (14 days)
5) Professional negligence (21 days/3 months)
6) JR (14 days)
7) Disease and illness (21 days/3 months)
8) Housing disrepair (20 working days)
9) Rent arrears
10) Mortgage arrears
11) Low value PI

Question 3

PI PAP principles

Answer 3

• Up to £25,000 (fast-track)
• Informal letters are permissible at an early stage and do not start the protocol timetable
• Two copies of letter before claim sent to C (for D and insurer)
• Standard disclosure lists
• D to reply within 21 days naming insurer and to investigate within 3 months
• Consider ADR
• C responds to contrib. neg.
• C sends schedule of special damages with supporting docs
• Injuries proved by an expert

Question 4

Non-compliance with PAPs (five)

Answer 4

• Stay to allow compliance
• Order to pay costs
• Costs on indemnity basis
• Deprive C of interest
• Order to pay pay interest at 10% above base rate