Barton Bitesize: Pre-action Protocol System

In this episode, Bill Barton of Barton Legal sheds light on the crucial pre-action protocol system, the framework guiding how parties should behave before formal civil litigation begins.

The core aim? To avoid court proceedings altogether and reduce costs by fostering early communication and encouraging alternative dispute resolution methods like mediation.

Bill explains key aspects, including:

Limitation Periods: Understanding that these protocols do not extend statutory deadlines (e.g., 6 years for contracts, 12 for deeds).

Overriding Objective: How the Civil Procedure Rules (CPR) mandate parties to deal with cases justly and proportionately.

Benefits: The significant advantages of engaging with the protocol, such as saving on court, expert, and counsel fees, and narrowing down disputed issues.

Penalties for Non-Compliance: The potential sanctions courts can impose for failing to follow the protocol.

Specific Protocols: An overview of different protocols, with a focus on the Construction and Engineering Protocol.

The Process: The essential steps of sending a detailed Letter of Claim and the proposed defendant's Letter of Response, emphasising the need for full disclosure.

Settlement Efforts: The critical obligation for parties to actively pursue settlement, especially through mediation, to avoid court penalties.

Formal Proceedings: How the pre-action claim forms the foundation if litigation becomes necessary.

Bill stresses the importance of understanding these rules and encourages listeners to seek professional legal guidance.

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