Where possible, you are expected to exchange information and documents relevant to the dispute before proceedings are even commenced. The aim is to avoid the need for legal proceedings entirely or at least reduce the areas of dispute. A Judge can penalise a party with adverse costs orders for failure to follow such protocols. There are a number of protocols dependent on the type of case and involve the potential claimant sending a ‘letter of claim’ to the potential defendant setting out the details of the claim and what is being sought which is usually financial compensation. The key documents should be provided at the same time and the defendant invited to engage in a form of alternative dispute resolution procedure other than court, such as mediation. The defendant ought to acknowledge receipt of the letter of claim within a few weeks and provide a detailed letter of response within several more weeks.
Pre-Action Protocols
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