PRE-ACTION CONDUCT: ESSENTIAL CHECKLISTS AND USEFUL LINKS
This is the 5th in the series of “Essential Checklists”. The group “Prequel” (the clue is in the name I guess) set out what they thought were essential elements in Pre-action procedure.
PRE-ACTION STEPS, PROTOCOL AND LETTERS BEFORE ACTION
1. Identify whether any of the Pre-Action Protocols apply? If not use the Practice Direction Pre – Action Conduct.
2. Read the Pre- Action Protocols thoroughly.
3. Check the accuracy of the Letter before Action. Is the address/name of party correct?
4. Make sure that key dates are but in the diary.
5. Check limitation- are there any standing agreements?
6. Carry out background checks on the defendant and claimant.
7. Manage the expectations of the client by ensuring they understand the timescale of the action and likely timetable. Make sure the party is aware of the full litigation process if the case does not settle.
8. Consider what steps need to be taken if a party doesn’t comply.
9. Explain to settlement-ADR and mediation to the client.
10. Explain litigation i.e. if there is a counter claim and explain the position regarding costs.
11. Assess the value of the claim.
OTHER USEFUL SOURCES AND CHECKLISTS RELATING TO PRE-ACTION CONDUCT
1. Kerry Underwood’s post on Pre-Action Protocols and ADR is essential reading.
2. The earlier post on this blog Surviving Mitchell: Using the pre-action Practice Direction and Protocols to the full
3. Legal Orange on the Practice Direction for Pre-Action conduct
4. It helps to look at the Practice Direction for Pre-Action Conduct itself
COMING SOON: CHECKLIST ON AVOIDING UNDER SETTLEMENT
The next (and final) checklist in this series is on “avoiding unders ettlement” and will be posted soon.