5.6
The Working Party's recommendations
In the light of the foregoing discussion, the Working Party makes the following
recommendations.
across the board, whether by a general protocol or by a general practice
direction on protocols.
as any additional specialist lists, subject to the approval of the Chief Judge of
the High Court and after due consultation with all relevant persons, to introduce
suitable pre-action protocols to be applied to cases brought in those lists.
exercising any relevant power, in its discretion, to take into account a party's
non-compliance with any applicable pre-action protocol in accordance with the
terms of the protocol in question.
mind that special allowances may have to be made in relation to unrepresented
litigants, if it is the case that, not having access to legal advice, they were
unaware of any applicable protocol obligations or, if aware of them, that they
were unable fully to comply with them without legal assistance.