Professional Negligence Pre-Action Protocols

Step Ten - Court Proceedings

Unless it is necessary (for example, to obtain protection against the expiry of a relevant limitation period ), you should not start court proceedings until:

  • The Letter of Response denies the claim in its entirety and there is no Letter of Settlement
  • The end of the negotiation period

If proceedings are for any reason started before the parties have followed the procedures in this protocol, the parties are encouraged to agree to apply to the court for a stay whilst the protocol is followed.

Where possible, 14 days written notice should be given to the professional before proceedings are started, indicating the court which the claimant is intending to commence court proceedings.

If proceedings are commenced they should be served in accordance with Part 6 of the Civil Procedure Rules which detail the service of documents.