Pre-Action Protocols (PAPs)

Mortgage Arrears Pre-Action Protocol

In February 2008 the Civil Justice Council published a consultation paper relating to its proposal to recommend to the Master of the Rolls and Head of Civil Justice, Sir Anthony Clarke, that he should bring into force a pre-action protocol relating to proceedings in which a residential possession claim is made by a mortgage lender against a borrower for mortgage arrears. The CJC invited comments on the proposal by 23 May 2008 and published a summary of responses in September 2008.

Consultation Paper:

Mortgage Arrears Protocol (PDF, opens in a new tab)

Summary of Responses:

Summary of Responses (Word document, downloads in a new tab)

General Pre-Action Protocol and Practice Direction

Further responses to a consultation in 2010 can be found here.

In February 2008 the CJC issued a consultation in respect of proposals to introduce a General Pre-Action Protocol that will be used in those cases to which the existing or any future subject-specific Pre-Action Protocols do not apply. The proposals also seek to amend Practice Direction on Pre-Action Protocols and suggest that this should supplement Part 3 of the Civil Procedure Rules.

The CJC is made these proposals jointly with Her Majesty’s Courts Service, inviting comments by 19 May 2008 and publishing the summary of responses in October 2008.

Consultation Papers:

Summary of Responses:

Summary of Responses (Word document, downloads in a new tab)

Consolidated Pre-Action Protocol

In February 2007 the Civil Justice Council issued a consultation in respect of a Consolidated Pre-Action Protocol that will reduce the present nine to one protocol by incorporating the core steps and guidance common to all of the protocols but with subject specific appendices. Comments were invited by 27 April 2007 and the summary of responses was published in January 2008.

Consultation Papers:

Summary of Responses: