Civil Procedure Rules - Pre-Action Protocols: Mandatory procedural rules that set out the steps parties must take before commencing legal proceedings. Different protocols exist for specific types of claims such as professional negligence, personal injury, and construction disputes.
Limitation Act 1980: Establishes statutory time limits for bringing different types of claims: 6 years for contract claims, 3 years for personal injury claims, and 6 years for tort claims. Critical for determining if a claim is time-barred.
Practice Direction on Pre-Action Conduct and Protocols: Outlines general principles for pre-action behavior, requirements for information exchange between parties, and establishes reasonable timeframes for responses before litigation.
Legal Services Act 2007: Governs the provision of legal services and ensures compliance with professional obligations when legal representatives are involved in sending legal notices.
Consumer Rights Act 2015: Relevant legislation for business-to-consumer disputes, establishing consumer rights and remedies in various types of contracts and services.
Data Protection Act 2018 and UK GDPR: Ensures proper handling and protection of personal data in legal correspondence and during the pre-action process.
Procedural Requirements: Essential elements for the notice including clear party identification, detailed claim description, specific remedy sought, reasonable response deadline, statement of intention to commence proceedings, and reference to pre-action protocol compliance.
