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5.1
What pre-action protocols require of the parties under the CPR
In England and Wales, there are presently six approved pre-action protocols which
came into operation on various dates between April 1999 (when the CPR first came
into force) and March 2002. They are the Personal Injury, Clinical Negligence,
Construction and Engineering Disputes, Defamation, Professional Negligence and
Judicial Review pre-action protocols.
These were developed in close consultation with interest groups involved in litigation
in the areas in question and vary in their detail and scope. Typically, these protocols :-
(a)
identify the cases to which they apply and state their objectives;
(b)
prescribe the information and documents which the claimant must give to the
prospective defendant when notifying him of the claim;
(c)
require the defendant to acknowledge the claim and to respond with specified
information and documents if he does not accept it; and,
(d)
lay down a timetable for these exchanges.
Some of the protocols specify additional requirements, for instance, as to how experts
should be dealt with,
as to the holding of a pre-action meeting,
or as to the need to
consider ADR.
Templates for claim letters and responses are also sometimes
included.
Notes
Eg, "to encourage the exchange of early and full information about the prospective legal claim; to
enable the parties to avoid litigation ......; and to support the efficient management of proceedings
where litigation cannot be avoided" (Construction & Engineering, §1.3).
Eg, Personal Injury protocol §3.14-§3.20.
Eg, Construction & Engineering protocol §5.1-§5.3.
Eg, Professional Negligence protocol §C3.
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