Thursday, 27 March 2008

Pre Action Protocol

A post more for CLS advisors who don't have an inhouse solicitors.


http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_jrv.htm

This is a handy link to the CPR rules on preaction protocol for JR. I haven't had to do a preaction for a while and so I don't know how new the guidance is in regard to when a preaction letter is not appropriate. It's interesting that it specifically gives the example of failure to accommodate under 188. I'm sure it wasn't there last time I had to use it!

Not having an inhouse solicitor is rather frustrating, especially with some cases at 4pm on a friday!

1 comment:

Anonymous said...

That is the most up to date guidance.

Having been part of a few JRs recently, following the protocol or having a very clear reason why protocol steps were not followed is absolutely vital - at least up to permission stage, and to a lesser extent up to substantive hearing.

The Rent Arrears Possession Claim protocol and the Disrepair protocol are also on the same site. The rent arrears protocol is particularly useful, with clear requirements on engagement with Housing Benefit issues by the landlord.