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What's the definition of "action pending" in the courts


jody123
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Just a quickie....

 

At what point does a matter become an "action"

 

Is it only classed thus once it has been filed?

 

Are there any instances when pre trial discussion can be classed as an action that is "pending in the courts?

 

Any info gratefully received - even if its to say which rule/act I should be looking at.

 

Regards,

 

Jody123

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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Erm

 

my understanding of it is that an action only becomes an action in the courts at teh point the claim is filed

 

Pre action Protocols refer to all matters before the claim is filed

 

so for it to be pending it can only be prior to the point where the claim is filed

 

IMHO

 

Regards

paul

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Hi Paul,

 

given the above...if an action is brought in November 2007 by one bank (who had no dealings in relation to the matters which are stated in the claim), citing a transfer of undertaking wef from 17 september 2007, yet the action was not filed until November 2007 do they therefore have no right to bring the claim?

 

Sorry if this is not clear...

 

pm me if you need more.

 

regards,

 

jody

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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