Preliminary Considerations

Introduction

Before any civil claim is issued, a solicitor must work through a series of **preliminary considerations**. This chapter covers the four matters you must address at the very start of a dispute: **limitation periods** (how long a claimant has to issue proceedings under the **Limitation Act 1980**), the **pre-action protocols** under the **Civil Procedure Rules 1998 ('CPR')**, the **parties and causes of action** (who can sue and be sued, and the legal basis of the claim), and the questions of **applicable law and jurisdiction** — which legal rules govern the dispute and which court has the authority to decide it. These are the foundations on which every later step in the litigation process is built.

Assessment focus

For the SQE1 FLK1 Dispute Resolution assessment, you must be able to advise a client on the **preliminary considerations** that arise before proceedings are commenced. You should be able to identify the relevant **limitation period** (the basic **six-year** rule for contract and tort, and the key exceptions under **s. 14A** and **s. 32 LA 1980**), explain the purpose of and sanctions under the **pre-action protocols**, identify the correct **parties** to a claim and the rules for adding, removing or substituting a party, and analyse questions of **applicable law and jurisdiction**. Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios**; you will be expected to **apply** these rules to the facts rather than simply recall them. This is a closed-book assessment — ensure you can recall the core rules, time limits and procedural requirements from memory.

Study tips

1) Memorise the **basic limitation period**: **six years** from the date the cause of action accrued for contract and tort claims (LA 1980). 2) Learn the **exceptions**: **s. 14A** (latent damage in non-personal-injury negligence — three years from date of knowledge) and **fraud, concealment or mistake** (time does not run until discovered or reasonably discoverable). 3) Remember the **four purposes** of exchanging information under the pre-action protocols and the **sanctions** for non-compliance (costs, loss of interest, or interest at up to **10% pa above base rate**). 4) Know the **categories of party** and the rule that, once a claim form is served, the **court's permission** is required to add, remove or substitute a party — and that a new **claimant** can only be added with their **written consent filed at court**. 5) Distinguish **applicable law** (which law governs the substance) from **jurisdiction** (which court may hear the case), and note **forum non conveniens** and **challenges to jurisdiction**.