DAVID CORNES

COMMERCIAL MEDIATOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© 2008 David Cornes

 
 

PRE-ACTION PROTOCOLS

Below there are links to the Ministry of Justice Web Site for all the current Pre-Action Protocols, all of which require the consideration of alternative dispute resolution. The first one listed below is the over-riding Practice Direction for all Protocols.

Civil Procedure Rules - Practice Direction - Protocols
The overriding Practice Direction under the Civil Procedure Rules as to Protocols. It also deals with  pre-action behaviour in cases not covered by the existing Protocols (including consideration of the use of mediation - see Paragraph 4.3(f) and 4.7of the Practice Direction)

Clinical Negligence - Protocol
Prepared by the Clinical Disputes Forum

Construction and Engineering Disputes - Protocol
Applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors)

Defamation - Protocol
Deals with defamation claims

Disease and Illness - Protocol
Personal injury claims - not the result of an accident - but rather of illness or disease

Housing Disrepair - Protocol
Claims arising from the condition of residential property

Judicial Review - Protocol
The lawfulness of an enactment or a decision, an act or failure to act in relation to a public function

Personal Injury - Protocol
Personal injury claims, except industrial disease

Posession Claims based on Rent Arrears - Protocol
Residential possession claims by social landlords (such as local authorities, Registered Social Landlords and Housing Action Trusts) which are based solely on claims for rent arrears

Professional Negligence - Protocol
For use where a Claimant wants to claim against a professional (other than construction professionals and healthcare providers)

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