Pre-Action preparation prior to issue: UK General Litigation

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I examine a case which was brought against our client and in completely the wrong way and actually meant that our opponent's client was at a massive disadvantage. They became tangled up in tactical and procedural problems that gave him a big legal bill without making any progress. This was so even though there was merit to his claim.

Cutting corners and not looking properly at the law and the specifics of your case before you issue is very dangerous. Be careful before you issue proceedings just because you think that this will intimidate your opponent into settling! Never issue a claim that is badly prepared - you are giving free ammunition to a smart opponent and their lawyer.

CHECK THIS VLOG IS UP TO DATE, AS THE LAW CHANGES! But here are some relevant links for this vlog:

Pre-Action Conduct Rules:
https://www.justice.gov.uk/courts/pro...

This is the extract from the above rule for the General Pre-action protocol, in the above where specific pre-action protocol rules do not apply - so for general cases:

Steps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.

The bible for civil procedure, applicable for all claims, is the Civil Procedure Rules: http://www.justice.gov.uk/courts/proc...