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Policy and Government

Pre-action protocols for civil court action

calendar23 December 2021

CAP responded to the Civil Justice Council consultation on pre-action protocols. Pre-action protocols intend to give a framework for parties to resolve and narrow down disputes before taking legal action. We broadly agreed with the importance of having pre-action protocols. To protect vulnerable individuals who lack the capacity to deal with or dispute their liability for a debt, we also welcomed the proposals that increase the expectations on the party intending to make a claim. We especially welcomed the proposal to extend the scope to claims brought by private landlords and for all mortgaged properties that are occupied as a home. We also encouraged an exploration of the practicalities and benefits of creating a new mandatory protocol for Council Tax before the case is taken to court for a Liability Order. Read our full response below.

Read the full document here

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