Evolving pre-action protocols: a new era in civil litigation—Solicitors Journal
Following the publication of the Civil Justice Council’s Phase Two Report into the review of pre-action protocols, associate Megan Knowles has written an article in the Solicitors Journal on how the report is poised to shape dispute resolution practices. In the article, Megan discusses the Phase Two Report’s key findings, which include a recommendation for mandatory engagement in some form of dispute resolution before litigation proceeds, as well as new protocols for sectors like personal injury, housing and media. Megan also highlights the ongoing importance of pre-action conduct in civil litigation, emphasising its role in reducing the need for court intervention and encouraging early settlement.
Megan hones in on two major themes emerging from the report: the shift towards mandatory alternative dispute resolution (ADR) and the creation of new pre-action protocols. She discusses the impact of recent changes in the Civil Procedure Rules and how these are shaping the landscape of dispute resolution, including the court’s growing emphasis on ADR and pre-action compliance. As Megan explains, these developments will not only streamline litigation but also ensure that the focus remains on resolving disputes efficiently and cost-effectively, with potential long-term benefits for both litigants and the legal system.
A core principle underpinning the CPR (civil procedure rules) is that litigation should be a measure of last resort.
The Civil Justice Council’s Phase Two Report marks a pivotal moment in refining pre-action protocols and shaping dispute resolution practices.
The article can be found online on the Solicitors Journal website here.
Megan Knowles is an associate in the dispute resolution team.
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