Long before a claim form is filed, civil litigation already has rules. Pre-action protocols govern how parties communicate, share information, and try to settle before anyone goes to court. For a solicitor, this is everyday work: drafting letters of claim, responding to them, advising clients on whether to mediate, and judging when a deadline forces your hand. Handle it well and you may avoid litigation altogether; handle it badly and the court can penalise your client in costs even where they ultimately win.
What this lesson covers:
- Purpose and Status — what pre-action protocols are, what they aim to achieve, and why they bite even though they are not court orders.
- The PDPAC (Default Regime) — the steps and timeframes that apply to civil claims where no specific protocol governs.
- Proportionality and Compliance — how the level of engagement should scale with the dispute, and the standard the court applies.
- ADR and Refusal to Mediate — the expectation to consider settlement, the court's power to order it, and the costs risk of refusing.
- Specific Protocols — how tailored protocols (such as personal injury and debt claims) differ from the default.
- Limitation and Sanctions — protecting a claim against time limits and the consequences of failing to comply.