Review of Pre-Action Protocols
The Civil Justice Council has begun a review of the pre-action protocols, including construction and engineering, debt, media and communications, professional negligence, judicial review, housing, possession, dilapidations and the general pre-action protocol.
It is understood that the review will consider all aspects of the protocols, including whether any reforms will be required. Some of the main points of reference for the review are whether the protocols are fulfilling their purpose generally, what sanctions apply for non-compliance and whether they are being consistently applied, if the protocols are overly technical and whether they can be streamlined, whether or not the protocols are lacking in key steps or prohibiting initiatives which should be allowed and whether alternative dispute resolution is factored into the protocols sufficiently and/or whether ADR should be compulsory.
It will be interesting to assess the outcome of the review and the reasoning behind any proposed amendments and we will be keeping a close eye on the review as it develops.
If you have any questions regarding the above topics, please get in touch with Andrew Broadbent at firstname.lastname@example.org or call on 0114 252 1416.