Andrew Higgins Leads Civil Justice Council's Review of Pre-Action Protocols

As Academic Member of the Civil Justice Council (CJCs), Andrew Higgins, Professor of Civil Procedure, acted as Chair of the CJC’s review of pre-action protocols (PAPs). PAPs set out the steps that prospective parties to civil litigation must undertake, and are encouraged to undertake, prior to initiating formal proceedings in court. 

The CJC published its final report in November 2024, which concluded its 4 year review. It recommended a number of changes to existing PAPs, and the introduction of new PAPs including one for dealing with sexual abuse claims and one for multi-track litigation in the Business & Property Courts.  

General recommendations include the introduction of an obligation to engage in a pre-action dispute resolution process for many, but not all kinds, of disputes and greater uniformity around the timeframes for completing pre-action steps and the information that parties are required to exchange. The review also set out a series of principles that should guide the development of digital pre-action portals. 

Further details about the review, and the CJC’s interim and final reports, can be found here: Pre-Action Protocols - Courts and Tribunals Judiciary