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Law Soc: Pre-action Protocol for Defamation Actions

Publisher: Law Society

Effective: 24 Sep 2018

With effect from 24 September 2018, a pre-action protocol (the 'Protocol') will apply to all defamation actions. Please refer to Part XXI and Appendix K of the State Courts Practice Directions.

Parties are expected to comply with the framework prescribed in the Protocol before commencing proceedings in the State Courts.

The Protocol aims to promote pre-action communication between parties and set the standards for the content of such pre-action communication by:

  1. requiring the exchange of a letter of claim and response from the claimant and the potential defendant respectively;
  2. setting out the information and documents which should be included in the letter of claim and response; and
  3. establishing a timetable for the exchange of information and documents.

The Forms annexed to the Protocol should be used by the parties, subject to adaptation where necessary to suit the facts of each case.

To encourage parties to engage in constructive negotiations to improve the chances of a pre-action settlement, parties are also required to indicate their preferred mode of alternative dispute resolution.

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181212-190111 Step UK Trusts
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