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 - Pre-Action Conduct
The overriding Practice Direction under the
Civil Procedure Rules came into force on 6 April, 2009. It deals with
pre-action conduct including cases not covered by the existing Protocols
(and consideration of the use of mediation - see Paragraph 8 of 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
Possession Claims based on Mortgage Arrears etc - Protocol
This Protocol
applies to arrears on (1) first charge residential mortgages and home
purchase plans regulated by the Financial Services Authority under the
Financial Services and Markets Act 2000; (2) second charge mortgages
over residential property and other secured loans regulated under the
Consumer Credit Act 1974 on residential property; and (3) unregulated
residential mortgages.
Possession 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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