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Practice Direction - Pre-Action Conduct and Protocols: Extracts

Document Cited authorities 1 Cited in Related
Vincent
AuthorPatricia Pearl/Tim Parker
Pages287-290

Appendix 5


Practice Direction – Pre-Action Conduct and Protocols: Extracts

These are extracts from the Pre-Action PD which will be particularly relevant to small claims. See also paragraph 1.4.

Objectives of pre-action conduct and protocols

3

Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to:

(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

…

Steps before issuing a claim at court

6

Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include:

288 Small Claims Procedure in the County Court

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim;

(c) the parties disclosing key documents relevant to the issues in dispute.

Experts

7

Parties should be aware that the court must give permission before expert evidence can be relied upon (see CPR 35.4(1)) and that the court may limit the fees recoverable. Many disputes can be resolved without expert advice or evidence. If it is necessary to obtain expert evidence, particularly in low value claims, the parties should consider using a single expert, jointly instructed by the parties, with the costs shared equally.

Settlement and ADR

8

Litigation should be a last resort. As part of a relevant pre-action protocol or this Practice Direction, the parties should...

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