A) to punish the non-compliant party for his non-compliance.
B) to put the innocent party in no worse a position than he would have been had the other party complied and to ensure that the overriding objectives are met.
C) to balance the pre-action behaviour of each of the parties.
D) to equate the sanction with the waste of court time and the costs arising.
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A) provide sufficient detail of the claim so the defendant can assess liability.
B) provide sufficient detail of the claim to enable the defendant to gauge the likely value of the claim.
C) tell the potential defendant what work the potential claimant will be doing immediately following the letter of claim.
D) give the potential defendant details of time limits for action in the protocol phase.
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A) The protocol that is most closely linked to the type of action that would be commenced.
B) Each party should seek to agree a suggested timetable of protocol events and practice.
C) The party who would commence the action should set out a suggested timetable of protocol events and practice in their first correspondence to the other party.
D) Parties should follow a 'general' guidance set out in the PDPACP.
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A) to pay all the costs of the action.
B) to deprive a party of some of, or all of, the damages or sum claimed.
C) to deprive a party of interest on damages or the sum claimed.
D) to pay costs on an indemnity basis.
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A) your client instructs you to do so.
B) there is no approved protocol in place for the type of action.
C) the limitation period for the action is about to end.
D) your client does not wish to seek the costs of any pre-action work so does not need to comply.
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A) follow, in substance, the guidelines of an approved protocol.
B) strictly follow the guidelines set down in a protocol that applies.
C) strictly follow the guidelines set down in a protocol or as it has been amended with the agreement of both parties.
D) follow the appropriate protocol only if your opponent does.
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A) An order against the claimant to stay proceedings so that the defendant can gather information.
B) Dismiss the action so that the parties can go back and apply the pre-action protocol procedures.
C) Order a party to pay money into court.
D) An order that the defaulting party pay costs immediately.
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A) whenever this happens, apply to the court for an order that your opponent complies.
B) on most occasions, apply to the court for an order that your opponent complies.
C) apply to the court for an order that your opponent complies only if there is a CPR applying that enables a pre-action application.
D) on rare occasions, apply to the court for an order that your opponent complies.
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A) recoverable as 'incidental to' proceedings if proceedings are subsequently issued.
B) not generally recoverable within the costs of any subsequently issued proceedings.
C) generally only recoverable as part of the costs of an action subsequently issued if they were part of the detail of the claim set out in the letter of claim.
D) generally recoverable in any subsequently issued proceedings.
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C
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A) at any stage in the subsequent proceedings.
B) when giving directions for the management of the case.
C) when making orders for costs.
D) on the issue of proceedings, if the court believes the proceedings might otherwise have been avoided.
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A) You would be able to extend all future time limits proportionately with the delay caused by your opponent.
B) You would be able to consider that as your opponent was in breach of the approved protocol all future protocol guidelines need not be followed, and, if your client wished, you may issue proceedings without any further recourse to the protocol guidelines.
C) You would be able to continue to abide by the protocol guidelines regardless of your opponent's breach.
D) You would be able to continue if possible with the guidelines of the protocol but indicate to your opponent that you will seek to raise their delay or non-compliance with the court at the first opportunity.
E) You would be able to continue if possible but indicate to your opponent that they should bear the consequences of their delay or non-compliance and submit a bill of your costs for their delay or non-compliance.
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A) A potential claimant has not provided sufficient detail of his claim to a potential defendant.
B) A potential defendant fails to respond to the letter of claim within 21 days.
C) A potential defendant fails to respond to a reasonable request for pre-action disclosure.
D) Failing to provide detail of any funding arrangement and success fee to a potential opponent.
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D
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A) say whether liability is accepted in full or in part or denied.
B) decide on the expert evidence that should be used in the action.
C) suggest or respond to the potential claimant's request for ADR.
D) if liability is denied in part or in full give detailed reasons for the denial.
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A) To encourage the exchange of early and full information about a prospective claim in order that the parties may understand the position or claim of their opponent.
B) To enable parties to avoid litigation by agreeing a settlement of a claim before the commencement of proceedings.
C) To provide details of each parties' costs so that they can be recovered in any subsequent proceedings.
D) To support the efficient management of proceedings where litigation cannot be avoided.
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A) The pre-action protocol for personal injury does not apply because your client is a child and will need to act through his litigation friend.
B) The pre-action protocol for personal injury does not apply because his injuries are too great.
C) The pre-action protocol for personal injury does directly not apply because the action would be in the multi-track (however the PI Protocol can be used and be relevant to higher value claims.
D) The pre-action protocol for personal injury does not apply because the accident happened when your client was a visitor at his uncle's factory and is classed as an 'accident in the workplace'.
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C
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