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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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If a client has Legal representation from a firm of solicitors,

Resolved Question:

If a client has Legal representation from a firm of solicitors, and the client makes a claim, is the Solicitor obliged to follow any pre-action protocol? (If so what - please provide appropriate references) ...
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello,I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

There are a number of different pre-action protocols for different types of cases which are pretty much compulsory. What sort of case is it you are concerned about?

Customer:

A County Court Claim for alleged breach of contract

Customer:

Hello?

LondonlawyerJ :

Ok can you just tell me how much the claim is for and whether it is a particularly complicated case?

LondonlawyerJ :

Like most lawyers on this site I fit my answers around professional commitments so cannot always respond immediately.

Customer:

£20,964.81 - not complicated

Customer:

That said - complicated is a relative term I guess so would need a bit more context to answer that more effectively.

LondonlawyerJ :

No, that is enough for these purposes. There are pre-action protocols for various types of claim,
















































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Solicitors must comply with these prior to issuing proceedings. If they do not then the court can take various steps to sanction the party that didn't follow the protocol. The usual sanction is a costs penalty, eg not awarding costs even if they are successful and in some circumstances they can stopthe proceedins being brought.

LondonlawyerJ :

The rules are set out here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

LondonlawyerJ :

If the claimant wants an urgent injunction order then they do not have to comply with the protocol.

LondonlawyerJ :

If there is no specific protocol then they will be expected to comply with the spirit of the protocols.

Customer:

This is essentially a claim for breach of contract in relation to £ owed. What PAP applies here please?

Customer:

For example, no letter before action was received.

LondonlawyerJ :

There is no specific pre-action protocol for this but if they have issued proceedings without sending a letter before action then they are at risk of costs penalties or case management punishments.

Customer:

Thank you - that's really helpful and I assume that a letter before action forms part of PAP?

LondonlawyerJ :

Yes

Customer:

Thank you - I appreciate you expert help!

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