Civil Justice Council consultation

Pre action protocols

The Civil Justice Council recently launched a consultation on pre action protocols . The aim stated for the protocol "is to establish a framework in which there is an early exchange of information so that the claim can be fully investigated and, if possible, resolved without the need for litigation."

The Gowers review of Intellectual Property recognised the importance of Alternative Dispute Resolution (ADR), particularly given the expense of IP litigation and Recommendation 43 of the Report reads as follows:

'Strengthen Practice Directions, to provide greater encouragement for parties to mediate, in particular this should raise the profile of mediation with judges.'

The Civil Justice Council consultation runs until 12 April.