Pre-Action Protocol

Details of the final version of the Pre Action Protocol for Debt Claims confirmed

Details of the final version of the Pre Action Protocol for Debt Claims confirmed

On 22 March 2017, the final version of the Pre-Action Protocol for Debt Claims (the Protocol), to be annexed to the Civil Procedure Rules of England & Wales was published, with an implementation date of 1 October 2017.

The Protocol will apply to all civil court claims by a ‘business’ seeking payment of a debt from an ‘individual’ (including sole traders), unless the claim is of a type already covered by another Pre-Action Protocol (such as the mortgage possession claims PAP). 

The main requirements of the Protocol include:

Pre-Action Protocol for Debt Claims

Pre-Action Protocol for Debt Claims

Past, present and potential future impact

With the result of the Civil Procedure Rules Committee’s consultation on the form of a specific pre-action protocol for debt claims eagerly awaited and following the introduction of the Practice Direction on Pre Action Conduct and Protocols which came into force on 6 April 2015, keeping up with changes in this area of law is no easy task.

The Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears

The Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears

The 78th and 79th updates to the Civil Procedure Rules of England & Wales came into force on 6 April 2015 as widely publicised and scheduled.

However, as well as the 78th and 79th updates, changes to the Pre-Action Protocols (new and amended versions) also came into effect on 6 April 2015 including an updated Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the “Mortgage PAP”).

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