Pre-action protocol is the channel that the court expects both parties to undertake before starting proceedings. A pre-action protocol letter, or PAP, is a legal letter written to the Home Office in order to try and resolve a dispute before escalating matters to court.

 

The Pre Action-Protocol letter highlights the issues that are being pursued and it sets out the legal grounds to demonstrates the ways in which the decision was unlawful.

 

Tribunal will expect the parties to have complied with the pre-action protocol, before lodging a claim for judicial review.

 

The purpose of a pre-action protocol is for the party bringing the judicial review to set out their case against the Respondent, the Secretary of State for the Home Department (the Home Office) and gives them a chance to consider the merits of your case before any litigation has commenced.