The strategy of information


Pre action Protocol

The CPR Pre Action Protocols set out the kind of letter that a court would normally expect the parties to exchange before commencing proceedings
  1. To (insert the title, first and last name of the proposed defendant)
  2. The claimant (insert the title, first and last name and address of the claimant)
  3. The defendantís reference details (Always give a reference number)
  4. The details of claimant legal advisers, if any (the name, address and reference details)
  5. The details of the matter being challenged (Set out clearly the matter being challenged, particularly if there has been more than one decision)
  6. The details of any Interested Parties (Set out the details of any Interested Parties and confirm that they have been sent a copy of this letter)
  7. The issue (Set out a brief summary of the facts and relevant legal principles, the date and details of the decision, act or omission being challenged, and why it is contended to be wrong)
  8. The details of the action that the defendant is expected to take (Set out the details of the remedy sought, including whether a review or any interim remedy are being requested)
  9. ADR proposals (Set out any proposals the claimant is making to resolve or narrow the dispute by ADR)
  10. The details of any information sought (Set out the details of any information that is sought which is related to identifiable issues in dispute so as to enable the parties to resolve or reduce those issues. This may include a request for a fuller explanation of the reasons for the decision that is being challenged)
  11. The details of any documents that are considered relevant and necessary (Set out the details of any documentation or policy in respect of which the disclosure is sought and explain why these are relevant)
  12. The address for reply and service of court documents (Insert the address for the reply)
  13. Proposed reply date (The precise time will depend upon the circumstances of the individual case. However, 14 days is a reasonable time to allow in most circumstances)