8.1 Pre-Action Protocols (1)

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Pre-action protocols outline the steps that both sides need to take in order to exchange information with each other about a potential claim.

Pre-action protocols play a key role in helping to uphold the principles of the overriding objective of the CPR, although they do not share the same status. They have been developed by specialists in the various types of claim that they cover. It is intended that there will eventually be a pre-action protocol in relation to all types of litigation, however, so far pre-action protocols have been issued to cover:

  • Personal injury
  • Clinical disputes
  • Defamation
  • Construction and engineering disputes
  • Professional negligence
  • Judicial review
  • Disease and illness
  • Housing disrepair
  • Possession claims based on rent arrears
  • Possession claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property

Any claims that are not covered by existing protocols should comply with the general guidance given in the Protocols Practice Direction.

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