Debt protocol: An unnecessary hurdle or a necessary protection?

13 Sep 2017

On 1 October 2017 the new CPR pre-action protocol for debt claims will come into force (the debt protocol).

The debt protocol will apply to all civil claims brought by a “business” (including sole traders and public bodies) claiming a debt from an “individual” (including sole traders), unless the claim is of a type already covered by another specific pre-action protocol (such as the mortgage possession claims protocol). It will not therefore apply to business-to-business debts, unless the debtor is a sole trader. The claimant business is referred to as the “creditor” and the individual debtor as the “debtor”.

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