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Where a case is not covered by one of the approved protocols, the parties are subject
to the Practice Direction on Protocols which requires them "to act reasonably in
exchanging information and documents relevant to the claim and generally in trying to
avoid the necessity for the start of proceedings."
This normally involves :-
(a)
the claimant writing to give details of the claim;
(b)
the defendant acknowledging the claim letter promptly;
(c)
the defendant giving within a reasonable time a detailed written response; and
(d)
the parties conducting genuine and reasonable negotiations with a view to
settling the claim economically and without court proceedings.
As with the approved protocols, the Practice Direction requires information to be
exchanged in considerable detail.
(a)
The claimant's claim letter is required, among other things, to give sufficient
concise details to enable the recipient to understand and investigate the claim
without extensive further information; to enclose copies of the essential
documents which the claimant relies on; and to identify and ask for copies of
any essential documents, not in his possession, which the claimant wishes to
see.
(b)
When the prospective defendant replies substantively, he is expected to give
detailed reasons why the claim is not accepted, identifying which of the
claimant's contentions are accepted and which are in dispute; to enclose copies
of the essential documents which the defendant relies on; to enclose copies of
documents asked for by the claimant, or explain why they are not enclosed; and
to identify and ask for copies of any further essential documents, not in his
possession, which the defendant wishes to see.
Notes
Practice Direction - Protocols §4.1.
Ibid, §4.2.
Ibid, §4.3.
Ibid, §4.6.
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