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As of the 6th April 2015 an amended Professional Negligence Pre-action Protocol came into effect to govern parties pre action behaviour.The purpose of the protocol is to ensure an early exchange of information and hopefully a resolution of the dispute without the necessity for proceedings. Courts treat the protocol as the standard of behaviour for the parties prior to proceedings.
At a case management conference before Master McCloud on the 23rd January 2014 she ordered that the Claimant should file and serve his amended particulars of claim in the form set out in the CMC bundle and by the 7th March 2014 the Defendant should also file and serve his amended defence and counterclaim.
involved an application for relief from sanctions by the Defendant who had failed to comply with an “unless” order to serve and file a re-pleaded Counterclaim by 4 pm, the 20th March 2015.