Charles Church Developments Ltd v (1) Stent Foundations (2) Peter Dann Ltd.
The Claimant issued proceedings just before the expiry of the limitation period without complying with the court pre-action protocol and without making an application for directions to the Court on what should be done to remedy the breach of the protocol. Despite the action being only part-way through the judge awarded 50% of the Defendants costs to them whatever happened later in the action. In addition the Claimant had to bear 50% of its own costs. The Judge made it clear that parties do not have to wait to the end of an action to make an application for costs based on noncompliance with the protocol.
Cundall Johnson & Partners v Whipps Cross University Hospital NHS Trust. In complying with the pre-action protocol what is required from each side is a clear and concise summary of their respective cases – neither the letter of claim nor the defendant’s response needed to resemble pleadings either in their length or their detail.