The Civil Justice Council have been reviewing the Pre-Action Protocols over the last 4 years publishing an interim report in 2021 and their final report in November 2024 https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/cjc/current-work/pre-action-protocols-working-group/
The Final Report makes the following recommendations for changes to the Professional Negligence Pre-Action Protocol for the reasons explained in Section 7:
‘Recommendations
7.9 The current stocktake procedure be replaced with the revised General PAP stocktake
procedure.
7.10 The current timeframes work well for the parties and therefore we do not recommend any
changes.
7.11 Although the PN PAP provides a comprehensive list of a range of dispute resolution
procedures, we recommend expanding the explanation of each procedure.
7.12 We recommend amending the PN PAP to make reference to the courts’ powers to penalise
the parties in costs/stay proceedings for non-engagement with a dispute resolution
procedure.
7.13 Para. 3 of the PN PAP on compliance should be amended in line with para. 5.12 of the
General PAP.’
The PNLA has been in discussions with the professional indemnity group of the Forum for Insurance Lawyers to provide a response and you are invited to provide your thoughts to katy.manley@pnla.org.uk
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