Queen's Bench Guide

3. Steps before the Issue of a Claim Form

3.1 Settlement:

3.1.1 So far as reasonably possible, a claimant should try to resolve his/her claim without litigation. The court is increasingly taking the view that litigation should be a last resort and parties may wish to consider the use of Alternative Dispute Resolution ("ADR"). (See paragraph 6.6 below.)

3.1.2 There are codes of practice for preliminary negotiations in certain types of claim. These codes of practice are called "Protocols" and are set out in a schedule to the Protocols Practice Direction to the CPR. Even if there is no protocol that applies to the claim, the parties will nonetheless be expected to comply with the spirit of the Overriding Objective (see paragraph 4 of the Protocols Practice Direction).

3.1.3 An offer to settle a claim may be made by either party whether before or after a claim is brought. The court will take account of any offer to settle made before proceedings are started when making any order as to costs after proceedings have started.

3.2 Disclosure before proceedings are started:

3.2.1 An intending claimant may need documents to which s/he does not yet have access. If the documents are not disclosed voluntarily, in accordance with the Pre Action Protocols, then Rule 31.16 sets out the provisions for making an application for disclosure of documents before proceedings have started. An Application Notice under Part 23 is required together with the appropriate fee. This may be issued in the Registry Section, Room E07 and will be assigned to a Master for hearing.

3.2.2 Essentially, the court must be satisfied that the applicant and respondent to the application are likely to be parties when proceedings are brought, that the required documents are those that the respondent would be required to disclose under Rule 31.6 when proceedings are brought and that their early disclosure might dispose of or assist the disposal of anticipated proceedings or save costs.

3.3 Defamation proceedings:  Offer of Amends

3.3.1 Application may be made to the court before a claim is brought for the court's assistance in accepting an offer of amends under section 3 of the Defamation Act 1996. The application is made by Part 8 Claim Form. For more information see paragraph 4.1.15 (Part 8 procedure) and paragraph 8.1 defamation below.