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714628
Civil Procedure: Pre Action Conduct
Description
This covers Pre Action Conduct in English law. Aimed at BPTC revision.
Quiz by
lagondaf
, updated more than 1 year ago
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Created by
lagondaf
over 10 years ago
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Resource summary
Question 1
Question
How many specific pre-action protocols exist?
Answer
There are 14
There are 7
There are 12 plus the PD for pre action conduct
There are 12
Question 2
Question
Pre-Action Protocols apply to third party proceedings as much as normal proceedings.
Answer
True
False
Question 3
Question
Select the protocols that are made up:
Answer
Disease and illness
Commercial disputes
Mortgage possessions
Commercial property dilapidation
Contractual small claims
Patent and registered design disputes
Defamation
Construction and engineering
Rent arrears
Commercial property disputes
Question 4
Question
Select the correct answer to the question: 'Correctly name 6 protocols'.
Answer
1 Clinical negligence, mortgage repossessions, building disputes, professional negligence, clinical negligence, RTAs.
2 Personal injury, , low value traffic accidents, disease and illness, commercial property dilapidation, judicial review, housing disrepair.
3 Construction and engineering , disease and illness, defamation, clinical disputes, housing disrepair judicial review.
4 Professional negligence, rent arrears, low value traffic accidents, commercial possessions, personal injury, judicial review.
5 low value traffic accidents, rent arrears, disease and illness, housing disrepair, mortgage possessions, commercial property dilapidations, defamation.
Question 5
Question
What are suitable things to do in cases not covered by a pre-action protocol?
Answer
Write a letter of claim to the other side letting them know you are bringing a claim if they don't respond.
Let the other side know how you are funding your claim
Reply to a letter of claim within reasonable time saying whether liability is fully or partially accepted or not at all.
Write a letter of claim detailing amongst other things a list of essential documents, the basis of claim and what the claimant wants.
If you deny liability give reasons.
Inform the other side you are seeking legal advice
Give a 14 day deadline for compliance to the defendant.
Tell the other side immediately if you entered a CFA or ATA insurance.
Question 6
Question
What does the personal-injury pre-action protocol apply to?
Answer
All cases involving death or injury to a persons physical or mental well being.
All cases involving death or injury to a persons physical or mental well being below 25,000 pounds
All cases involving death or injury to a persons physical or mental well being that fit into the multi-track
Personal injury cases that are not road traffic accident cases between 1000 and 10,000 pounds
Personal injury cases below 25,000 that aren't RTA ones.
Question 7
Question
Select the steps required to formally commence with the personal injury protocol.
Answer
Send a letter before claim too the defendant
Send a letter of claim to the defendant's insurer and the defendant.
Summarize facts in your letter of claim
State the nature of injuries and full details of financial loss
Enclose your expert's report.
Indicate which documents you want to have disclosed.
Give the defendant a list of experts for selection if it is appropriate
Name your own insurer or mention that you have a CFA.
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