pre-action protocols

Pre-action protocols in force in England require that the claimant and defendant prior to commencing legal proceedings, take steps to exchange information and documents prior to commencing proceedings. The purpose of the pre-action protocols is to create an opportunity for the claimant and defendant to settle their differences before the commencement of litigation. The exchange of information and evidence promotes the prospects of settlement prior to issuing the proceedings. Compliance means that intending litigants are placed in a position where the prospects of success may be assessed prior to committing court resources to resolving the disputes between the parties.

Essentially, the pre-action protocols require the parties to cooperate to exchange information, rather than simply issue legal proceedings without expressing their cases to one another and exchange relevant information. The parties are then in a position to make an informed decisions as to whether to commence proceedings, and to further explore options to settle the dispute without recourse to courts.

Usage: The claimant complied with the relevant pre-action protocol prior to commencing legal proceedings.

Related Words: letter before action; Civil Procedure Rules.