The pre-action protocols and when they apply


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

The pre-action protocols and when they apply


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note details the Pre-action Protocols, referring to the Practice Direction Pre-Action Conduct and Protocols, as well as providing an overview of the various specific pre-action protocols which might be relevant to your dispute.

It provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

What are pre-action protocols?

The pre-action protocols are to be adhered to by prospective parties prior to proceedings being commenced. As indicated in Commentary: Pre-action protocols: Halsbury's Laws of England (11) [19] and CPR glossary, they are, in effect, statements of best practice intended to assist parties in understanding the case they are presenting/having to meet, such that the parties can seek to resolve the dispute without any proceedings proving necessary or, if this is not possible, to help clarify the issues prior to any action starting.

You should follow the protocol that relates most closely to the subject matter of the dispute.

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Jurisdiction(s):
United Kingdom
Key definition:
Pre-action definition
What does Pre-action mean?

This is the period prior to proceedings being issued.

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