Long before a claim form is issued, the parties are already expected to be talking. Pre-action protocols set the ground rules for that early stage: exchanging information, trying to settle, and narrowing what is genuinely in dispute. As a solicitor, this is where much of your client's case is shaped — and where a careless misstep can cost your client money even if they go on to win. Knowing what to send, when to send it, and how to respond is part of everyday litigation practice.
What this lesson covers:
- Overview and Purpose — what pre-action protocols are, their core objectives, and the role of ADR and the general PDPAC.
- The General PDPAC Steps — what a letter before claim and a letter of response must contain, and how long to allow for a reply.
- Specific Protocols — the particular requirements for debt, personal injury, and clinical negligence claims.
- Compliance and Justified Non-Compliance — the substantive compliance test, recognised justifications, and what to do when limitation is about to expire.
- Sanctions — the costs, interest, and case management consequences a court can impose for getting it wrong.