New answers tagged civil-procedure
2
votes
Accepted
How long must be given to a respondent to respond to a letter before claim in the pre-action protocol?
Firstly, there is not just one pre-action protocol. There is the Practice Direection on Pre-Action Conduct and Protocols and then there are specific protocols which apply to particular types of claims....
- 4,664
1
vote
Accepted
Statutes of limitations and the pre-action protocol (PAP)
If there is insufficient time to comply with a pre-action protocol before your limitation period expires, you should initiate proceedings and then apply to the court for a stay of proceedings while ...
- 4,664
3
votes
Accepted
in E&W, what is the "pre-action protocol"?
The pre-action protocols are part of the Civil Procedure Rules (CPR) which governs proceedings in the County Court, High Court, and Court of Appeal (see Rule 2.1).
They set out what the parties should ...
- 4,664
2
votes
Accepted
Do actions to be heard in a tribunal rather than court utilise the pre-action protocol?
No.
Per CPR Rule 2.1, the rules (which include practice directions and the pre-action protocols) only apply to the County Court, the High Court, and the Court of Appeal.
For Tribunals, you need to ...
- 4,664
1
vote
Statutes of limitations and the pre-action protocol (PAP)
united-states
In the US, a statute of limitations has been complied with if the cases is initially filed within the limitation period. The tiem needed for any pre-trial activities, including discovery,...
- 97.1k
2
votes
Do actions to be heard in a tribunal rather than court utilise the pre-action protocol?
It depends on the legislation that sets up the tribunal
Tribunals are government or private decision makers and they must act within and adhere to the powers given to them by Parliament. Just like a ...
- 157k
3
votes
Accepted
Who drafts or publishes the Civil Procedure Rules, and what is their legal status?
At the time of writing, there 642 various UK Procedure Rules and amendments. These are all secondary legislation (discussed here).
Taking the Criminal Procedure Rules 2020 as an example, these Rules ...
- 23k
2
votes
Accepted
How are lay people or litigants in person expected to engage with respect to the civil rules of procedure?
england-and-wales
Litigants in person are not expected to know all the rules.
The court and the opposition are expected to make all reasonable accommodations. The lawyers have a duty to the court and ...
- 7,165
2
votes
What is the appropriate way to initiate a money claim if the defendant will not provide an address?
Use the vehicle registration number plate to request information about a vehicles registered keeper from DVLA.
Since setting this in motion doesn't adversely affect anything else it's worth doing ...
- 3,207
1
vote
What is the appropriate way to initiate a money claim if the defendant will not provide an address?
All of the above
When you initiate a legal claim, you don’t screw around. You blow your opponent out of the water.
No mercy. No wiggle room.
- 157k
Top 50 recent answers are included