Dispute Resolution
A client wants to make a professional negligence claim against their former solicitor. The client's current solicitor sends a letter of claim as per the Professional Negligence Pre-Action Protocol. The former solicitor offers to engage in alternative dispute resolution, but the client rejects the offer and instead instructs the current solicitor to initiate proceedings before the end of the protocol period.
What are the likely consequences of the client failing to follow the pre-action protocol?
A client wants to make a professional negligence claim against their former solicitor. The client's current solicitor sends a letter of claim as per the Professional Negligence Pre-Action Protocol. The former solicitor offers to engage in alternative dispute resolution, but the client rejects the offer and instead instructs the current solicitor to initiate proceedings before the end of the protocol period.
What are the likely consequences of the client failing to follow the pre-action protocol?
They may, even if successful in the claim, be ordered to pay some or all of the former solicitor's costs.
(E) The appropriate penalty for a party who fails to comply with a pre-action protocol is to pay the costs.
Option (A) is not correct, as the client has the freedom to initiate legal action, although it may not be the best course of action.
Option (B) is not correct, as the court cannot reduce damages as a punishment for litigation behaviour.
Option (C) is not correct, as the court does not have the authority to order a percentage of damages to be paid.
Option (D) is not correct, as the court cannot force a party to attend alternative dispute resolution
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