10 Questions
When is non-compliance with pre-action requirements justified?
When a limitation period is about to expire and urgent proceedings are necessary.
What is the purpose of a search order in court proceedings?
To obtain an unannounced revisit to the opponent's premises to search for documents.
What is the consequence of non-compliance with pre-action requirements?
The court may impose sanctions on the non-compliant party.
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.
In what circumstances may a party need to issue proceedings before complying with pre-action requirements?
When a limitation period is about to expire.
What is the purpose of a Pre-action Protocol for Personal Injury Claims?
To provide a framework for personal injury claims before issuing proceedings.
What is the consequence of failing to comply with the Practice Direction?
The court may impose sanctions on the non-compliant party.
When can a party apply to court for a search order?
When there is fear that the opponent will destroy documents.
What is the consequence of not complying with pre-action requirements in urgent proceedings?
The court may impose sanctions on the non-compliant party.
What is the purpose of the element of surprise in court proceedings?
To prevent the opposing party from destroying documents.
Test your understanding of the pre-action protocol in litigation proceedings, including the expectations of the parties, consequences of non-compliance, and the role of the court in deciding on adverse consequences. Learn about the importance of taking stock of positions before issuing proceedings and the potential impact on costs and interest.
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