Pre action protocols

• Pre-action protocols help in resolving disputes by setting out the steps and procedures that parties should follow before commencing legal proceedings, encouraging early communication and negotiation to reach a settlement.
• What do pre-action protocols ensure?

  Pre-action protocols ensure that both parties have information regarding the dispute
• What is a pre-action protocol?

  A list of things that need to be done. It is usually presented as a letter which gives brief details about the claim, such as details about the injury and why the claimant feels that the defendant is at fault.
• How long does the defendant have to investigate the claim?

  3 months
• What does the defendent do after three months of investigating the claim?

  The defendant may file a response or answer to the claim. Should they deny liability then the defendant has to provide evidence.
• What happens if expert evidence is needed?

  Both parties should try negotiate one expert, this should lead to many claims being settled before reaching court.