Q Is there now a requirement for a claimant to state in their claim form or particulars of claim whether they have complied with any relevant protocol. I often observe this still being done but the requirement for it which was originally in the pre-action conduct PD seems to have disappeared from its current successor and I cannot find it anywhere. I have been criticised for omitting it from statements of case I have drafted.
A The requirement no longer exists although the directions questionnaires in fast and multi-track claims raise the subject. If it is thought that there is a likelihood that the defence will raise non-compliance with a view to seeking a stay or, ultimately, the imposition of a sanction on costs or interest then it could be useful to positively plead compliance in the particulars of claim.
