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K. Pre-action protocols
K1.1. The problems addressed
| 258. | Before the Woolf reforms, the courts had little to say about how the parties had conducted themselves before the start of proceedings. It has however increasingly come to be realised that the parties' pre-action attitudes and conduct have an important bearing on the progress and outcome of the dispute. |
| 258.1 | Sometimes parties are too quick off the mark and institute proceedings before properly exploring ways of resolving the dispute without going to law. Once a writ has been fired off, the parties may feel locked in to the litigation, running up costs and burdening the system, when in reality, both sides want to settle and probably could have settled without starting proceedings. |
| 258.2 | Others may start an action without having made sufficient inquiry of their own or the other side's case, later regretting having sued at all, or having brought the proceedings on an incorrect or flawed basis. |
| 258.3 | Both parties may wish to settle but feel unable to do so until they have fuller information about the other side's case which may not emerge until significant levels of costs have been incurred. |
| 258.4 | Parties may wish to negotiate possible settlement but each may be reluctant to initiate discussion for fear of such a move being considered a sign of weakness. |
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