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Using pre-action protocols..

Step 4: Using Pre-Action Protocols

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Here are key points you may want to consider regarding Pre-action Protocols;

  • They were designed as part of Civil Procedure Rules 1999.

  • They explain the conduct and set out the steps a court would normally expect Parties to follow before starting court proceedings.

  • They were designed to help disputes get resolved before going to Court.

  • They are increasingly regarded by Judges as compulsory.

  • Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to - 

         (a) understand each other’s position;

         (b) make decisions about how to proceed;

         (c) try to settle the issues without proceedings;

         (d) consider a form of Alternative Dispute Resolution (ADR) to assist with                               settlement;

         (e) support the efficient management of those proceedings; and

         (f) reduce the costs of resolving the dispute.

  • here there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings.

  • The mortgage arrears protocol ensures the defendant is offered general and debt counselling and independent advice before proceedings can be issued.

  • A mortgage company must demonstrate that they are aware that possession proceedings are the final option, having explored all other options including mediation.

  • A LIP should see PAPs as a tool provided by the system to protect him/her and their family from eviction, and use it accordingly.

  • If the opposing Lawyer fails to follow the PAP, it may result in them losing the case. Alternatively they may win the case, but have their fees reduced by the Court due to this failure.

  • Use the PAP as your friend and adviser: if the other side fail to follow your sensible interpretation of the PAP, make them aware of your concerns, and ensure they deal with these concerns before any Court Action.

  • If you have not been offered counselling: TELL THEM!

  • If they have not offered you alternative schemes: TELL THEM!

  • If they have not offered you mediation:TELL THEM!

  • Click the “Relevant Links” button above to get your copy of the pre-action protocol relevant to Mortgage arrears.

  • Click on the following link to get details of all the pre-action protocols that have been issued: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct