Pre-Action Protocol
Procedural rules under the Civil Procedure Rules requiring parties to take specified steps before issuing court proceedings. The Pre-Action Protocol for Mortgage Possession Claims and the General Pre-Action Conduct Practice Direction are the most relevant for residential housing disputes.
The Civil Procedure Rules Pre-Action Conduct Practice Direction requires parties to: exchange information about the claim, consider ADR, narrow issues, and behave reasonably. Specific protocols apply to different claim types — Personal Injury, Clinical Negligence, Construction, Defamation, Possession Claims, Judicial Review, and others. Failure to comply can result in costs sanctions, claims being struck out, or unfavourable findings on costs orders. Specialist mortgage and possession protocols require lenders to consider forbearance, give the borrower information, and proceed only as a last resort.