17 November 2021
The Civil Justice Council is consulting on what role pre-action protocols (PAPs) should play in the civil justice system
In an interim report published this week, it asks for views on making all PAPs available online via portals, and introducing a summary costs procedure for costs liability and quantum disputes where cases are resolved at a PAP stage.
Other key suggestions are formally recognising that compliance with PAPs is mandatory, except in urgent cases; introducing a good faith obligation to try to resolve or narrow the dispute at the pre-action stage; and introducing a requirement to complete a joint stocktake report or list of issues as a final step before the start of proceedings.
The consultation, CJC PAP Interim Report, can be viewed here and closes on 24 December at 10am.
