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Tag Archive

3 Dangers Of Non-compliance With The Pre-action Protocol

The pre-action protocols are an important part of the Civil Procedure Rules. Their aim is to prompt and encourage correspondence between the parties prior to any action being taken. This could ultimately lead to some agreements being made about facts or a compromise being settled before litigation is considered. In addition, the protocol aims to encourage an exchange of information at an earlier stage in proceedings. A crucial document could be exchanged which could prompt a settlement or compliance with the contract. It will also encourage better investigation into the facts as alleged by both sides in order to correspond with each other. Ultimately, the aim is to try and settle before litigation is required, but if it is required, it can enable the litigation proceedings to run to the courts timetable efficiently.

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How to Solve Your Dispute Without the Expense of Court

Alternative Dispute Resolution (ADR) is a blanket term for various methods of resolving your legal dispute without going to court. It very often involves the inclusion of an independent third party to assist in resolving the dispute. ADR is actively encouraged by the courts and politicians and it forms part of the pre-action protocol in the Civil Procedure Rules and Practice Directions. Although the Rules require that the parties should consider whether either negotiation or some other form of ADR is appropriate, it is an entirely voluntary process and all parties can withdraw at any time. However, those who do not consider other forms of ADR must be prepared to explain why to the court.

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Litigants in Person: Do They Have the Upper Hand?

We often hear from commercial clients that when they are involved in a case where their opponent is a litigant in person that the Court almost bends over backwards to help the litigant in person, and sometimes they feel that they are at a disadvantage.

Whilst it is usually the case that the Court will take time to explain procedure to a litigant tin person, the case of Barton -v- Wright Hassall LLP [2018] UKSC 12 illustrates that the Court do not apply special rules for litigants in person.

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