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Pre-Action Protocol Letter, Scotland

A pre-action protocol letter is a letter, written to the Home Office, in an attempt to resolve any disputes before court action takes place. An early exchange of relevant documents by the parties involved can facilitate the resolution of issues in dispute and promote the ease of use and general acceptability of the voluntary protocol.

It is often necessary to attempt to resolve disputes before court proceedings begin. These are set out in the pre action protocols and the Civil Procedure Rules.

As experienced immigration law solicitors, the team at Jones Whyte will be able to write up a pre-action protocol letter.

What is in a detailed letter in a pre-action protocol

The detailed letter of claim contains information about the key matters which will be raised, including the necessity of obtaining and disclosing a medical report. It also includes relevant medical records to support the claim. It shows the legal grounds for the action, and why the original Home Office decision was unlawful.

Once the letter has been lodged, the Home Office has 14 days to respond. If they don’t respond at this time, you can seek a Judicial Review.

Immigration law is a complex area, so it makes sense to work with experienced professionals if you disagree with a Home Office decision about visa law.

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Immigration lawyers from Jones Whyte have the knowledge and experience to help resolve your issues, even if court action is needed.

When to send a pre-action protocol letter

A pre-action protocol letter should be sent if you believe the Home Office has made a decision that is unlawful. Additionally, a pre-action protocol letter should be sent if the Home Office or another party alleges contributory negligence. Before sending a pre-action protocol letter, it is advisable to consider alternative dispute resolution methods such as negotiation, mediation, arbitration, and early neutral evaluation.

An immigration attorney from Jones Whyte can help you recognise an unlawful decision, and will write up a letter that spells out exactly why the decision was unlawful.

Immigration matters often move quickly, so it makes sense to send the pre-action protocol letter as soon as possible after you have received a decision from the Home Office.

Contact Jones Whyte immigration lawyers to find out more.