FAQ
What is Pre-Action Protocol?
Litigation is a last resort. The Court rules, the "CPR", contain pre-action protocols which set out the steps that potential claimants and defendants are expected to have already followed to try to settle their disputes before looking to the Court for a decision. Failure to comply with pre-action protocol can result in the Court imposing costs sanctions on either a Claimant or Defendant if the dispute does proceed to Court.
Although there is a Pre-Action Practice Direction this does not apply to professional negligence claims. There is a specific Protocol for Professional Negligence Claims which should be followed where a claim may be made against a professional adviser. This protocol should be followed for disputes with legal advisers (ie solicitors, barristers, legal executives, licensed conveyancers) as well as valuation surveyors, estate agents, accountants, mortgage brokers and financial advisers.
Where the dispute is in respect of building/construction or engineering works and the dispute involves a construction or engineering professional such as an Architect , an Engineer or a Building Surveyor or QS, potential claimants and defendants are expected to have followed the Protocol for Construction and Engineering Claims. and not the Protocol for Professional Negligence Claims.
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