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Pre-Action Protocol in Litigation Proceedings

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Pre-Action Protocol in Litigation Proceedings

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Questions and Answers

When is non-compliance with pre-action requirements justified?

When a party wants to avoid the costs and interest associated with a claim.

When a party is exempt from the pre-action requirements due to the nature of the claim.

When a limitation period is about to expire and urgent proceedings are necessary. (correct)

When a party believes the opposing party will not honour the obligation to provide documents.

What is the purpose of a search order in court proceedings?

To honour an obligation to provide documents to the claimant or court.

To allow the opposing party to destroy documents.

To avoid the costs and interest associated with a claim.

To obtain an unannounced revisit to the opponent's premises to search for documents. (correct)

What is the consequence of non-compliance with pre-action requirements?

The claimant is exempt from paying costs and interest.

The opposing party is required to provide documents to the claimant.

The limitation period is automatically extended.

The court may impose sanctions on the non-compliant party. (correct)

What is the purpose of a stay of proceedings in relation to pre-action requirements?

To enable the parties to comply with the pre-action requirements. Signup and view all the answers

In what circumstances may a party need to issue proceedings before complying with pre-action requirements?

When a limitation period is about to expire. Signup and view all the answers

What is the purpose of a Pre-action Protocol for Personal Injury Claims?

To provide a framework for personal injury claims before issuing proceedings. Signup and view all the answers

What is the consequence of failing to comply with the Practice Direction?

The court may impose sanctions on the non-compliant party. Signup and view all the answers

When can a party apply to court for a search order?

When there is fear that the opponent will destroy documents. Signup and view all the answers

What is the consequence of not complying with pre-action requirements in urgent proceedings?

The court may impose sanctions on the non-compliant party. Signup and view all the answers

What is the purpose of the element of surprise in court proceedings?

To prevent the opposing party from destroying documents. Signup and view all the answers