Pre-Action Protocol

Pre-action protocols are codes of best practice set out in the Civil Procedure Rules that parties must follow before issuing court proceedings. They require the exchange of information, exploration of settlement, and use of alternative dispute resolution. There are specific protocols for debt claims, professional negligence, construction disputes, and other claim types.

In practice

Failure to comply with a pre-action protocol can result in costs sanctions, including an order for indemnity costs or a penalty in the costs assessment. For debt claims, the Pre-Action Protocol for Debt Claims requires the creditor to send a letter of claim, allow 30 days for response, and provide a standard financial statement form. Non-compliance is considered by the court at all stages.