This Pre-Action Protocol embraces the spirit of the reforms to the Civil Justice system envisaged by Lord Woolf, and now enacted in the Civil Procedure Rules. It aims to incorporate the concept of the overriding objective, as provided by the Rules at Part 1, before the commencement of any Court proceedings, namely:-
dealing with a case justly includes, so far as is practicable:-
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ensuring that the parties are on an equal footing;
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saving expense;dealing with the case in ways which are proportionate:-
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dealing with the case in ways which are proportionate:-
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to the amount of money involved;
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to the importance of the case;
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to the complexity of the issues; and
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to the financial position of each party;
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ensuring that it is dealt with expeditiously and fairly; and
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allotting to it an appropriate share of the Courts resources, while taking into account the need to allot resources to other cases.
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