janetapple
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what are the differences between pre trial procedures and pre action protocols where bring a civil claim please
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Bitesizelaw
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(Original post by janetapple)
what are the differences between pre trial procedures and pre action protocols where bring a civil claim please
I'm not 100% certain on this, but I assume pre-action protocols relate to pre-action steps whereas pre-trial procedures refer to stages after proceedings have been commenced but prior to trial. What I'm not entirely certain of is whether the term 'pre-trial procedures' is wide enough to include pre-action protocols (as they are, of course, pre-trial) or if they are two distinct stages.
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Bitesizelaw
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Does anyone else have a view on this?
(Original post by Bitesizelaw)
I'm not 100% certain on this, but I assume pre-action protocols relate to pre-action steps whereas pre-trial procedures refer to stages after proceedings have been commenced but prior to trial. What I'm not entirely certain of is whether the term 'pre-trial procedures' is wide enough to include pre-action protocols (as they are, of course, pre-trial) or if they are two distinct stages.
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Notoriety
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(Original post by Bitesizelaw)
I'm not 100% certain on this, but I assume pre-action protocols relate to pre-action steps whereas pre-trial procedures refer to stages after proceedings have been commenced but prior to trial. What I'm not entirely certain of is whether the term 'pre-trial procedures' is wide enough to include pre-action protocols (as they are, of course, pre-trial) or if they are two distinct stages.
Aye, would think the same.

Resident lawyers like Forum User, TimmonaPortella and nulli tertius are the people to ask.
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nulli tertius
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(Original post by Bitesizelaw)
I'm not 100% certain on this, but I assume pre-action protocols relate to pre-action steps whereas pre-trial procedures refer to stages after proceedings have been commenced but prior to trial. What I'm not entirely certain of is whether the term 'pre-trial procedures' is wide enough to include pre-action protocols (as they are, of course, pre-trial) or if they are two distinct stages.
I am equally uncertain. Whilst "pre-action protocol" is a defined term in our legal system, "pre-trial procedures" is not. Therefore context is all, in deciding whether the person who used the term "pre-trial procedures" intended it to be broad enough to encompass steps taken before issue of the claim form.
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TimmonaPortella
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(Original post by Notoriety)
Aye, would think the same.

Resident lawyers like Forum User, TimmonaPortella and nulli tertius are the people to ask.
I agree as well fwiw.

Obviously anything that is pre-action is also pre-trial, but I'm guessing that someone is trying to distinguish between pre-action conduct on the one hand and post-issue, pre-trial procedure on the other.

I'm guessing OP was looking for a direct comparison, e.g. extent of the parties'/ the court's control of the process pre action as against post issue, consequences for breach of pre-action protocols as against post-issue rules or orders, and things like that.

Maybe an undergrad procedure module? A level?

Looks like he's gone silent anyway.
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janetapple
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Thank you for responding and bringing attention to this, I actually pretty much thought the exact same. The whole purpose from my study of pre action protocols is to settle the dispute without having to go to court, but then pre-trial in its own, you can already imagine it’s things to do before the trial(after proceedings have commenced)
(Original post by Bitesizelaw)
Does anyone else have a view on this?
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janetapple
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Thank you all for responding and bringing attention to this, I actually pretty much thought the exact same. The whole purpose from my study of pre action protocols is to settle the dispute without having to go to court, but then pre-trial in its own, you can already imagine it’s things to do before the trial(after proceedings have commenced). Well The question literally states to ‘advise on pre trial procedures(claim on professional negligence)’ I’m thinking that should include pre action procedure as the only information I have actually found regarding the pre trial procedures are filling, submitting the form, issuing a copy to defendant , tracking e.t.c
(Original post by Bitesizelaw)
Does anyone else have a view on this?
(Original post by TimmonaPortella)
I agree as well fwiw.

Obviously anything that is pre-action is also pre-trial, but I'm guessing that someone is trying to distinguish between pre-action conduct on the one hand and post-issue, pre-trial procedure on the other.

I'm guessing OP was looking for a direct comparison, e.g. extent of the parties'/ the court's control of the process pre action as against post issue, consequences for breach of pre-action protocols as against post-issue rules or orders, and things like that.

Maybe an undergrad procedure module? A level?

Looks like he's
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janetapple
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Steps taking before the issue of the claim form? is the claim form not the first step ?
(Original post by nulli tertius)
I am equally uncertain. Whilst "pre-action protocol" is a defined term in our legal system, "pre-trial procedures" is not. Therefore context is all, in deciding whether the person who used the term "pre-trial procedures" intended it to be broad enough to encompass steps taken before issue of the claim form.
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nulli tertius
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(Original post by janetapple)
Steps taking before the issue of the claim form? is the claim form not the first step ?
Definitely not.

https://www.justice.gov.uk/courts/pr...action_conduct
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janetapple
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The first step after following the relevant pre action protocols I mean.
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