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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?

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

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

Seek appropriate legal advice Signup and view all the answers

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

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

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

Consider whether some form of alternative dispute resolution procedure would be more suitable than litigation 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?

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

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

4 March 2002 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?

To encourage parties to consider alternative methods to judicial review Signup and view all the answers