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Judicial Review Pre-Action Protocol
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Judicial Review Pre-Action Protocol

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Questions and Answers

What is the purpose of the letter before claim in the pre-action protocol?

  • To demand immediate compensation from the defendant
  • To provide a summary of relevant legislation
  • To initiate the legal proceedings against the defendant
  • To establish whether litigation between the parties can be avoided and to identify the issues in dispute (correct)
  • What is the consequence if the defendant does not reply to the letter of claim within 14 days?

  • The claim will be automatically conceded in favor of the claimant
  • The court will extend the deadline for response
  • The court may impose sanctions in the absence of good reasons (correct)
  • The defendant loses the right to defend the claim in court
  • According to the Pre-Action Protocol for Judicial Review, what is the view of the courts regarding litigation?

  • Litigation should be initiated immediately
  • Litigation should be a last resort (correct)
  • Litigation should only be considered after alternative dispute resolution attempts fail
  • Litigation should be prolonged to increase costs
  • What is the purpose of alternative dispute resolution (ADR) according to the protocol?

    <p>To consider whether some form of ADR would be more suitable than litigation and to attempt to agree on which to adopt</p> Signup and view all the answers

    What is strongly advised for claimants before sending a letter of claim or making a claim?

    <p>Seek appropriate legal advice</p> Signup and view all the answers

    What is the purpose of the Pre-Action Protocol for Judicial Review, as mentioned in the text?

    <p>To set out the steps which parties must follow before making a claim for judicial review</p> Signup and view all the answers

    What does the Pre-Action Protocol for Judicial Review require parties to do?

    <p>Consider whether some form of alternative dispute resolution procedure would be more suitable than litigation</p> Signup and view all the answers

    What will be taken into account by a court when determining costs, according to the Pre-Action Protocol for Judicial Review?

    <p>The failure of parties to consider alternative dispute resolution or other parts of the protocol</p> Signup and view all the answers

    When did the Pre-Action Protocol for Judicial Review come into force?

    <p>4 March 2002</p> Signup and view all the answers

    What is the aim of the Pre-Action Protocol for Judicial Review, as per para 5 of the protocol?

    <p>To encourage parties to consider alternative methods to judicial review</p> Signup and view all the answers

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