The Professional Negligence Pre-Action Protocol (the Protocol) is designed to provide a framework for the early exchange of information between a professional negligence claimant and a professional negligence defendant.
Such protocols are required in the majority of professional negligence cases. For example, the Protocol applies when claiming against solicitors, barristers, lawyers, surveyors and tax advisers. It is also applicable in cases of alleged negligence and breach of contract or fiduciary duty (breach of trust).
In fact, first-instance following of the Protocol is considered compulsory in the majority of claims, and a court is likely to take an unfavourable view of any party who has chosen not to do so.
In cases involving claims against construction professionals, architects or engineers – the Construction and Engineering Disputes Pre-Action Protocol is the appropriate procedure.
Where a claimant may be time-barred from proceeding with a claim because of the time constraints involved in a pre-action protocol, the court allows them to make an application without the appropriate procedure having been followed..
The protocol came into force in 2001 in an attempt to reduce the need for court litigation. The Protocol aims to produce a dialogue between the parties which could help them come to mutual agreement regarding a settlement without the need for a formal hearing. The Courts’ Practice Direction on Pre-Action Conduct states that commencing formal “proceedings should usually be a step of last resort”.
5th May 2023
Georgia Teague, a litigation paralegal at Healys LLP was recently selected to represent Great Britain in the IFAF Women’s American Football European Championships. The team competed last Saturday at the Sixways Stadium in their first fixture, which saw them dominate the game and win 40-0 against Sweden. Continue reading »
14th April 2023
We are pleased to announce that Robert Johnson, Partner and Head of Healys Professional Negligence, has been identified as a leader in his field and recommended for inclusion in this year’s Who’s Who Legal: Professional Negligence report. Continue reading »
27th March 2023
Whenever possible, Healys LLP commits to initiatives that support more diversity & inclusion within the business community. That’s why earlier this month, we joined forces with Best of British Events alongside Seico Mortgages, Kreston Reeves & Sussex Business Times to host a special event in celebration of Women’s Month. Continue reading »
In recent weeks AI technology has been a hot topic for many businesses as we consider the advantages and threats of this new technology. That’s why leading law firm Healys LLP have partnered with Business Solutions Networking to host a virtual event which provides insight into how your business can take advantage of AI to save you and your business valuable time and recourses.
16th March 2023
Professional Negligence Partner, Robert Johnson provides a guide to assist you explore your potential negligence claim. Continue reading »
5th May 2023
Georgia Teague, a litigation paralegal at Healys LLP was recently selected to represent Great Britain in the IFAF Women’s American Football European Championships. The team competed last Saturday at the Sixways Stadium in their first fixture, which saw them dominate the game and win 40-0 against Sweden. Continue reading »
14th April 2023
We are pleased to announce that Robert Johnson, Partner and Head of Healys Professional Negligence, has been identified as a leader in his field and recommended for inclusion in this year’s Who’s Who Legal: Professional Negligence report. Continue reading »
27th March 2023
Whenever possible, Healys LLP commits to initiatives that support more diversity & inclusion within the business community. That’s why earlier this month, we joined forces with Best of British Events alongside Seico Mortgages, Kreston Reeves & Sussex Business Times to host a special event in celebration of Women’s Month. Continue reading »
In recent weeks AI technology has been a hot topic for many businesses as we consider the advantages and threats of this new technology. That’s why leading law firm Healys LLP have partnered with Business Solutions Networking to host a virtual event which provides insight into how your business can take advantage of AI to save you and your business valuable time and recourses.
16th March 2023
Professional Negligence Partner, Robert Johnson provides a guide to assist you explore your potential negligence claim. Continue reading »