Pre-action disclosure
Disclosure before proceedings have started.
Archives
Pre-action protocol
Procedure for initiating a civil claim.
Pre-hearing review
This was a form of meeting to determine a substantive point before the main hearing. Pre-hearing reviews were formerly used to strike out the whole or part of a claim or response or to require the payment by a party of a deposit if their case appeared weak. Pre-hearing reviews no longer exist as such […]
Pre-trial checklist
Checklist completed by each party to enable the court to list the claim for trial.
Precedent
The courts decide cases by applying the law to given facts. There is a hierarchy of courts. Each level of court is compelled to follow legal principles and interpretations (precedents) set by higher level courts unless a case can be “distinguished” on its facts. Where no higher level decision exists, the courts follow the interpretation […]
Preliminary hearing
Preliminary hearings have replaced what used to be called “case management discussions” and “pre-hearing reviews”. Preliminary hearings are held to clarify complex claims such as for discrimination and whistleblowing as well as generally to set a case timetable. They can also be held to decide preliminary issues such as whether to strike out a claim […]