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Litigation Advice: What should I do before I start my Court claim?

Astle Paterson is happy to announce a new blog series, in which our premier solicitors will be offering helpful advice on different stages of the litigation process.

These bite-size primers are intended to provide a window into what can be an intimidating and contentious process, and equip our readers with useful information to help set them at ease. It is not a comprehensive guide; for further guidance we would recommend contacting our solicitors directly.

Before going to Court: Pre-Action Protocols

Before issuing a claim at Court, there are a number of factors that any prospective Claimant should consider and ensure is done before Court proceedings can, or should be, issued.

Where a dispute does ultimately end up in Court, the Court expect that (prior to the claim being issued) the parties to that dispute should have followed the Pre-Action Protocols.

There are a few different Pre-Action Protocols in force, dependant on the type of claim. Whilst each of the Protocols have their own requirements (and timescales), they all encourage parties to provide early disclosure of key facts and evidence to the other side, with the overall aim of putting parties in a position to agree settlements to disputes between themselves before claims are issued at Court.

A key requirement to comply with Pre-Action Protocols is to send to the potential Defendant a formal Letter of Claim in accordance with the Pre-Action Protocols.

If you’re unable to settle

Should the potential defendant fail to respond to the Letter of Claim, or should they respond but it appears that the dispute cannot be resolved, a potential Claimant could then consider issuing Court proceedings against the Defendant.

Get expert advice first

Obtaining advice from a Solicitor prior to issuing any claim can be beneficial to a potential Claimant, as a Solicitor will be able to guide you to ensure that you fully comply with the correct Pre-Action Protocol. Contact our Dispute Resolution & Litigation Team, and we will be happy to provide that service.

If you have any questions, or need help on litigation matters, Astle Paterson are on your side. Our team of expert Litigation Lawyers’ are on hand to help you resolve your issues as quickly as possible. Read more about our Litigation services, or contact our Litigation department directly.

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