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Professional Negligence Pre-Action Protocol ("the Protocol").

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evening all,

 

can anyone explain what the Professional Negligence Pre-Action Protocol ("the Protocol"). entails?

 

I am going after the solicitor whom screwed up my ET claim, and they are refusing to co-operate with me or even a firm of solicitors chasing them up for the relevant documents.

 

They have not complied with an SAR made back in October and I am just wondering where it is going to go from here.

 

Please see attached letter sent from solicitors.

 

Kind Regards

 

BB

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Surely your solicitors you are paying for are best placed for any advice?

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hi transient,

 

I was expecting this answer :) however just thought I'd ask around to see if anyone had any views experience with professional negligence.

 

Thanks for the link

 

Kind Regards

 

BB

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Hi

 

This link to the Law Society England and Wales may be of help: www.lawsociety.org.uk/

 

This Link is for Solicitors Regulation Authority: www.sra.org.uk/

 

This PDF from Law Society - Your Guide to Using a Solicitor may be helpful:

 

This PDF from Solicitors Regulation Authority - Handbook may be Helpful:

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Hello BB.

 

I think it would be useful to move this thread to the legal forum for further input from non employment people. It can always be moved back here if need be.

 

This is no reflection on the advice already kindly given, I just thought it would be good to ask a wider audience. I hope the legal guys will be along later.

 

HB


Illegitimi non carborundum

 

 

 

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Hi there,

 

there just a quick update as you already know the employment solicitor has yet to comply with the SAR request and is refusing to co-operate with the solicitors either.

 

Today the solicitors have written a letter to the offending party

 

"We must insist that you provide our client’s file of papers by 24 December 2012 at the latest. If we do not hear from you, our client will have little option but to make a formal application to the Court for pre-action disclosure of these papers."

 

Please can someone explain what this means. Will the solicitors make the application on my behalf? I wont have to get involved, will I have any costs involved?

 

K regards

 

BB

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Disclosure before proceedings start

 

CPR31.16

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

(2) The application must be supported by evidence.

(3) The court may make an order under this rule only where–

(a) the respondent is likely to be a party to subsequent proceedings;

(b) the applicant is also likely to be a party to those proceedings;

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

(ii) assist the dispute to be resolved without proceedings; or

(iii) save costs.

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

(ii) in respect of which he claims a right or duty to withhold inspection.

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

(b) specify the time and place for disclosure and inspection.

 

There will be a fee of £45

 

Regards

 

Andy

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