PRE-ACTION PROTOCOL IN LAGOS HIGH COURT: A MERE FORM OR REAL ACTIVITY After a perusal of the Lagos Civil Proced Rules 2013, I was almost phantasised by the germane innovation carved in it. Before a Claimant can commence action, he must have complied with Pre-action Protocol and this fact must be evidenced by a Statement on Oath (Form 01). Below is the protocol: 1. Alternative Dispute Resolution, 2. Memorandum of Claims and Option for Settlement, and 3. Full disclosure of facts Moreover, the Trial Judge is enjoined to promote ADR by mandating parties to explore it in deserving cases. The crux is now about the spirit of the letter. It is only alive when monitored and carried into effect. Unfortunately, merely filing that Form 01 seems to be a sufficient compliance, even where all the attempt at ADR made by a claimant was a deceit. This is against the spirit of the Rules which envisaged ACTIVE ADR PARTICIPATION. More amendment should therefore be made to finally declare this intendment. Good morning! My beloved people.
Posted on: Tue, 13 Aug 2013 02:00:10 +0000
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