Pre action correspondence (Protocol)
Before starting any claim in Court, the solicitor needs to write to the defendant setting out the claim in detail. Certain types of case have specific “pre action protocols” that have been designed to speed up the resolution of any dispute by setting out specific pieces of information. The defendant is asked to accept or deny liability and state the grounds that they will resist the claim on. Typically, responses must be received within 3 months of the original protocol letter being sent.
If, as is usual, the defendant denies liability, the case moves on to the next stage which is when it is presented to Court as a Claim.
TYPICAL TIMESCALE – THREE MONTHS
Step 3: Claim