8.2 Pre-Action Protocols (2)

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Under the Practice Direction on Protocols, the objectives of pre-action protocols are:

(1) to encourage the exchange of early and full information about the prospective legal claim,

(2) to enable parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings,

(3) to support the efficient management of proceedings where litigation cannot be avoided.

Compliance With Protocols

The courts will expect all parties in a case to comply with the pre-action protocols and can take non-compliance into account when deciding upon the issue of costs. In practice, this will only be the case if non-compliance was unreasonable in the circumstances. In such cases, the aim of the Court is to put the innocent party in the same, or at least no worse a position that if the protocol had actually been complied with.

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