Pre-Action Protocol on Media and Communications Claims


Produced in partnership with David Hirst of 5RB
Practice notes

Pre-Action Protocol on Media and Communications Claims


Produced in partnership with David Hirst of 5RB

Practice notes
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This Practice Note provides guidance upon the Application of the Pre-action protocol on Media and Communications Claims (the Protocol). It considers when the Protocol applies, its aims, content, the general consequences of non-compliance and the relationship between the Protocol and limitation.

The Protocol replaced the Pre-Action Protocol for Defamation Claims. For information on how the Protocol differs from the Pre-Action Protocol for Defamation Claims, see News Analysis: Pre-Action Protocol for Media and Communications Claims.

As well as applying to defamation claims, the Protocol also applies to various other types of media and communications claims that, prior to 2019, were not previously subject to a specific pre-action protocol. It was a part of a number of changes to media and communications rules that came into effect on 1 October 2019 and included a new CPR 53 and new practice direction. For further information on these changes, see News Analysis: New rules for media and communications claims from 1 October 2019. This Practice Note therefore considers the following issues:

  1. •

    what the Protocol is

David Hirst
David Hirst

Barrister, 5RB

A barrister at 5RB, the leading national media and entertainment chambers, David Hirst's practice encompasses defamation, privacy, harassment, data protection, contempt, copyright and all aspects of media litigation and pre-publication advice. He has experience acting in defamation, harassment and privacy/confidentiality cases with an online or technological element, as well as obtaining injunctive relief and pre-action disclosure in publication cases. He advises a large number of web, magazine, newspaper, film and TV companies on content output.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Pre-action definition
What does Pre-action mean?

This is the period prior to proceedings being issued.

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