Pre Action Protocol Guidance and Support

Should you choose to take a matter to Court, the Pre-action Protocol (as part of the Civil Procedure Rules CPR), explains the conduct expected of the parties and sets out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims. This includes the rules governing the conduct of parties, including what steps the parties are expected to take, before issuing a claim

The pre-action protocols seek to encourage the early exchange of information, helping the parties attempt alternative methods of dispute resolution to avoid legal proceedings, by agreeing on a settlement of any claim before the start of litigation.

The court expects people to do all they can to avoid court action. It expects both parties to give each other a reasonable amount of information so that each side can understand the other’s position.

Before commencing litigation it is important that parties consider the consequences of non-compliance with the Pre-action Protocol and potential failure to consider alternative dispute resolution (ADR) and attempting to resolve the dispute before commencing litigation proceedings, potentially reducing the costs of resolving any dispute.

OGP’s experience in both construction law, civil law and litigation can assist parties in drafting Pre-action correspondence and representing parties combining the requirements of the Pre-action protocol and our ADR services offering a unique skillset to avoid lengthy and costly litigation.

If you would like to discuss potential Pre-action processes, please use the contact form or contact Steven Pyrke at our Norwich Office.

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