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ARTICLE · 25 JANUARY 2019

The Basics: Are There Any Steps I Need To Take Before Issuing A Claim?

Gowling WLG
Gowling WLG
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What are the pre-action steps you need to consider before issuing a court claim and why does it matter?

United KingdomLitigation, Mediation & Arbitration

What are the pre-action steps you need to consider before issuing a court claim and why does it matter?

We set out the key points you need to know in order to avoid costly delays and sanctions.

Can I issue a claim at any time?

In simple terms, yes, but if you have not followed the required procedures and acted in a way that the court considers to be reasonable and proportionate, you may be penalised, even if your claim is successful.

Potential sanctions are an adverse costs award (for example, an order that you pay your opponent's costs incurred as a result of you failing to comply with the prescribed rules), a stay of proceedings until relevant pre-action steps are completed and/or awards of interest up to 10% above base rate.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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