A pre-action protocol (PAP) letter is a letter written to the Home Office, UKVI in order to try and resolve a dispute before court proceedings are started. The purpose of this letter is to identify the issues in dispute and establish whether litigation with the Home Office, UKVI can be avoided. The letter should contain the date and details of the decision (the refusal letter), act or omission being challenged and a clear summary of the facts on which the Judicial Review claim against the Home Office, UKVI is based. It should also contain the details of any relevant information that the applicant is seeking from the Home Office, UKVI and an explanation of why this is considered relevant. A Judicial Review (JR) proceedings against the UKVI should not normally be made until the proposed reply date given in the letter before claim has passed, unless the circumstances of the case require more immediate action to be taken.

The Defendant, the UKVI, should normally respond to letter before action (pre-action protocol letter) within 14 days and sanctions may be imposed unless there are good reasons for not responding within that period.

A Pre-Action Protocol (PAP) letter may also be called a ’letter before claim’ or a ’letter before action’.  All of these terms refer to the same thing. 

Failure to follow the protocol has legal consequences. One of the most important of these is about costs. If either party to a Judicial
Review (JR) fails to follow the protocol they can be made to pay the other sides ’legal costs, even if they win the case.

The Pre-Action Protocol (PAP) does not always apply in urgent cases, for example where departure arrangements have been set, or a person seeks to be released from immigration detention.

Why Sunrise Solicitors For Pre-Action Protocol (PAP) For Judicial Review (JR)?

The immigration solicitors at Sunrise Solicitors are experts in dealing with Pre-Action Protocol (PAP) for Judicial Review (JR). The quality of our service is self-evident from our clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London in relation to your Pre-Action Protocol (PAP) for Judicial Review (JR) and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your Pre-Action Protocol (PAP) for Judicial Review (JR), the immigration casework to be carried out by our immigration solicitors will include the following:

  • Taking detailed instructions from you and advise you about the relevant immigration laws and procedure to be adopted by the Home Office, UKVI in dealing with your pre-action protocol for Judicial Review (JR) against the Home Office, UKVI;
  • Discussing your immigration case in detail with you and advising you about the weaknesses and strengths of your immigration case;
  • Where applicable, discussing with you the reasons given by the Home Office for the refusal of your application and possible grounds to make representations to the Home Office under the Pre-Action Protocol;
  • Preparing the pre-action protocol representations and discussing the same with you;
  • Submitting the pre-action protocol representations to the Home Office, UKVI and liaising with them in relation to your representations;
  • Keeping you informed on the progress of your Pre-Action Protocol (PAP) letter;
  • Doing all the follow-up work in relation to your pre-action protocol representations until the decision is reviewed/reconsidered by the Home Office, UKVI or until the application for Judicial Review is filed.

Our Fee For Pre-Action Protocol Representations

  • We will charge you a fee from £600.00 + VAT for our professional immigration services in relation to pre-action protocol representations which are submitted to the Home Office, UKVI before an application for permission to apply for Judicial Review can be filed in the relevant court. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • The agreed fee will cover all our work in relation to the Pre Action Protocol (PAP) and before the Judicial Review (JR) proceedings are initiated in the court as a result of the Pre Action Protocol (PAP).

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

 

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