Whether you are pursuing the Resort or they are pursuing you, the Law requires all parties to comply with the Pre Action Protocols.
What are the Pre Action Protocols?
Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims.
No matter the circumstances, the party who wishes to settle a dispute, first must raise their issues with the other party. They must set out (as best they can) the issue they have with them, in writing, and allow the other side to return.
By taking this step, you are proceeding as per the Courts wishes and ensuring that you attempt to settle the matter without the need for a Hearing,
This is a reasonable act and will therefore, assist you in the future.
Pre-action protocols are in force in England and requires the claimant and defendant (prior to commencing legal proceedings) to take steps to exchange information and documents prior to commencing proceedings.
The purpose of the pre-action protocols is to create an opportunity for the parties to get a better understanding of the issues and afford an opportunity to settle their differences before the commencement of expensive litigation.
The exchange of information and evidence promotes the prospects of settlement prior to issuing the proceedings. All consumers and companies are in subjection to this compliance as its purpose is to put the parties in a position where the prospects of success of a case/argument may be assessed prior to committing court resources to resolving the disputes between the parties.
Basically, the pre-action protocols require the parties to cooperate (even thought you might not wish to) exchanging information, rather than simply issuing legal proceedings without expressing their cases to one another and exchange relevant information.
The potential litigants are then in an informed position to make an educated decisions as to whether or not to commence any proceedings. The event also allows the litigants to further survey options to settle the dispute without remedy to courts.
What do the Protocols aim to achieve?
If the parties are able to reconcile their disputes without trotting off to litigation, “believe you me” they will save a great deal of money in legal costs and uninvited distractions.
In subjection to the protocol also supports the proficient management of events where litigation cannot be avoided.
In subjection to the overriding objective, all the litigants are obliged to act reasonably and generally try to steer clear of legal action in were appropriate circumstances prevail.
What if I don’t comply with the protocol?
A court may/will take into account compliance or non-compliance with an applicable protocol when giving directions for the management of proceedings and when making orders for costs (win or lose). You ignore them at your peril.
The fundamental rule therefore is that both parties must switch information and documents prior to issuing proceedings.
There are however exceptions to this general rule as there always are.
In short the issue of not doing so, will turn on whether the litigant commencing the litigation does so on reasonable grounds.
By way of a further example, if a limitation period is about to expire, the parties may also be let off the hook from compliance with the protocols.
In circumstances such as these, a party may well be imprudent to attempt to comply with the pre-action protocols, accompanied by a threat to commence proceedings, as the threat would give rise to a counterclaim against them or damages, in the event that the case for infringement did not succeed.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk