What is Preaction protocol?

1. Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims. They are approved by the Master of the Rolls and are annexed to the Civil Procedure Rules (CPR).

How long is the Pre Action Protocol period?

1.6 The Protocol recommends that a defendant be given three months to investigate and respond to a claim before proceedings are issued. This may not always be possible, particularly where a claimant only consults a legal representative close to the end of any relevant limitation period.

When is a letter of response due?

As a general rule, the response should be provided within 14 days of receipt of the letter before claim in a straightforward case, and no more than three months in a very complex case.

How long does a defendant have to respond to a letter of claim?

In the majority of cases, the defendant must: acknowledge the letter of claim within 21 days, and. provide a full response within 3 months of acknowledgment of the letter of claim. The response must include certain documents, known as disclosure if the defendant denies your claim.

What is a pre action settlement?

Unlike a settlement arrived at after proceedings have been issued, where the parties agree to settle their dispute before proceedings have been commenced, then there are no proceedings to be stayed or brought to an end.

When does the Pre Action Protocol apply?

The Pre-Action Protocol for Debt Claims (in force from 1 October 2017) applies where a business (including a sole trader or public body) is claiming payment of a debt from an individual (including a sole trader). It does not apply to business-to-business debts unless the debtor is a sole trader.

When does the Pre-Action Protocol apply?

What happens if defendant does not respond?

If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). Until the court receives your request to enter judgment, the defendant can still reply to your claim.