Final answer:
The purpose of the pre-action protocol is to facilitate the resolution of disputes by encouraging the exchange of information and the possible settlement before formal court proceedings. It provides a clear set of guidelines to promote case resolution, minimize costs, and prepare for effective litigation if necessary.
Step-by-step explanation:
What is the Purpose of the Pre-Action Protocol
The purpose of the pre-action protocol is to encourage parties to exchange sufficient information and to understand each other’s position. This helps to manage the legal proceeding in a manner that resolves disputes without the need for a formal court hearing, thereby saving time and costs. The protocol aims to:
- Encourage the parties to settle disputes before litigation.
- Provide a clear framework within which parties can explore the possibility of a settlement.
- Facilitate the smooth running of the court proceedings in the event that a settlement cannot be reached.
- Ensure that sufficient content is loaded into the proceedings for the court to work effectively should the case proceed to court.
Should parties end up in court, adherence to the pre-action protocol is considered by the judges when making orders for costs. By setting out the expected conduct of parties before formal proceedings begin, it also aims at focusing the parties on the key issues, and therefore, on what might be needed to resolve them.