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Dispute Resolution - 3 - Pre-action considerations: Pre-Action Protocols -…

- - - - If denied, defendant must:
        
        Give reasons
        
        List documents likely to be disclosed in upcoming proceedings
      - If accepted (liability), claimant must send
        
        Medical report they rely on
        
        Schedule of past and future expenses
    - - Claimant can start legal proceedings
  - - - Unless limitation is imminent
- - - - Deprive claimant of interest on damages
      - Lower rate or period of interest
- - - - Is, or may become the proceedings' subject matter; OR
      - Is relevant to issues that will arise in relation to those proceedings
  - - - PDPCAP (General protocol) has no fixed duty to disclose documents on a standard basis -> parties can pick and choose what documents to disclose to help themselves
      - If a party feels opponent is deliberately withholding docs that could help matter be settled at negotiation, or that show if claim is suitable for being issued at all, PAD is relevant
    - - Applicant issues N244 showing:
        
        Respondent and applicant both likely to be parties to proceedings
        
        Documents/classes of document being requested would be disclosed later under standard disclosure rules
        
        Disclosure now would help dispose of claim without needing to issue proceedings and would thus save costs
    - - Possible, but need to show:
        
        Will support claim OR adversely affect opponent's case
        
        Necessary to dispose of matter fairly and save costs
- - - - Defendant likely cannot recover costs
    - - Defendant may recover some (Proportionate) wasted costs of PAP compliance