Before issuing a claim at court, where there is a relevant pre-action protocol, what should the parties do?

• A. Comply with the relevant pre-action protocol before commencing proceedings.
• B. File a claim immediately with minimal information.
• C. Ignore the protocol if the case is urgent.
• D. Seek a determination from the court without ADR.

Answer: (A)

When a relevant pre-action protocol exists, parties should comply before starting court proceedings. These protocols are designed to promote early settlement and to ensure the claim is properly prepared, saving time and costs for everyone involved. Typical steps include sending a letter before claim that sets out the facts, the legal basis, the remedy sought, and any supporting documents, inviting a response within the protocol’s time limit, and considering alternatives for resolution (ADR) before issuing proceedings. If there’s a good reason not to comply, you may proceed, but generally the court expects adherence. Non-compliance can lead to costs sanctions or other adverse consequences when the claim is issued, making compliance the prudent course.