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”.
3rd February 2023
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We understand that starting a new business often takes a lot of blood, sweat and tears (AKA money, time and energy). Would-be entrepreneurs are faced with a host of challenges – not least a raft of legal issues that they need to consider. Failing to do this early doors can be incredibly costly in the long run too. Continue reading »
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Articles of Association are the rules that govern how a company operates and most companies will adopt the Model Articles when they are incorporated. However, there has been some confusion about whether the Model Articles are suitable for companies with a sole director. Continue reading »
11th November 2022
Healys’ Corporate & Commercial has recently expanded and we welcome new solicitor and partner, David Gordon, to the team. David sat down to tell us about himself and what motivates him as he supports his clients. Continue reading »
3rd February 2023
Healys LLP are proud to join forces with a range of Sussex based businesses to celebrate and host Brighton’s leading International Women’s Day event, ‘Making Herstory II’. Continue reading »
19th January 2023
We understand that starting a new business often takes a lot of blood, sweat and tears (AKA money, time and energy). Would-be entrepreneurs are faced with a host of challenges – not least a raft of legal issues that they need to consider. Failing to do this early doors can be incredibly costly in the long run too. Continue reading »
8th December 2022
Articles of Association are the rules that govern how a company operates and most companies will adopt the Model Articles when they are incorporated. However, there has been some confusion about whether the Model Articles are suitable for companies with a sole director. Continue reading »
11th November 2022
Healys’ Corporate & Commercial has recently expanded and we welcome new solicitor and partner, David Gordon, to the team. David sat down to tell us about himself and what motivates him as he supports his clients. Continue reading »