Civil Procedure Pre-Action Protocols

PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS

INTRODUCTION

INTRODUCTION

1.1 Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of pre-action protocols:
"To build on and increase the benefits of early but well informed settlement which genuinely satisfy both parties to dispute".

1.2 The aims of pre-action protocols are:

more pre-action contact between the parties

better and earlier exchange of information

better pre-action investigation by both sides

to put the parties in a position where they may be able to settle cases fairly and early without litigation

to enable proceedings to run to the court's timetable and efficiently, if litigation does become necessary.

1.3 The concept of protocols is relevant to a range of initiatives for good litigation and pre-litigation practice, especially:

predictability in the time needed for steps pre-proceedings

standardisation of relevant information, including documents to be disclosed.

1.4 The Courts will be able to treat the standards set in protocols as the normal reasonable approach to pre- action conduct: If proceedings are issued, it will be for the court to decide whether non-compliance with a protocol should merit adverse consequences. Guidance on the court's likely approach will be given from time to time in Practice Directions.

1.5 If the court has to consider the question of compliance after proceedings have begun it will not be concerned with minor infringements, e.g. failure by a short period to provide relevant information. One minor breach will not exempt the "innocent" party from following the protocol. The court will look at the effect of non-compliance on the other party when deciding whether to impose sanctions.

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1.1	Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of pre-action protocols: "To build on and increase the benefits of early but well informed settlement which genuinely satisfy both parties to dispute".
1.2	The aims of pre-action protocols are: more pre-action contact between the parties better and earlier exchange of information better pre-action investigation by both sides to put the parties in a position where they may be able to settle cases fairly and early without litigation to enable proceedings to run to the court's timetable and efficiently, if litigation does become necessary.
1.3	The concept of protocols is relevant to a range of initiatives for good litigation and pre-litigation practice, especially: predictability in the time needed for steps pre-proceedings standardisation of relevant information, including documents to be disclosed.
1.4	The Courts will be able to treat the standards set in protocols as the normal reasonable approach to pre- action conduct: If proceedings are issued, it will be for the court to decide whether non-compliance with a protocol should merit adverse consequences. Guidance on the court's likely approach will be given from time to time in Practice Directions.
1.5	If the court has to consider the question of compliance after proceedings have begun it will not be concerned with minor infringements, e.g. failure by a short period to provide relevant information. One minor breach will not exempt the "innocent" party from following the protocol. The court will look at the effect of non-compliance on the other party when deciding whether to impose sanctions.