What can happen if pre-action steps are not followed?

• A. The court may impose costs penalties or sanctions
• B. The case is automatically dismissed
• C. The claim is transferred to the Crown Court
• D. Nothing happens

Answer: (A)

Pre-action steps are a way for parties to exchange information, set out their positions, and try to settle a dispute before formal court proceedings begin. If someone ignores these steps, the court has powers to respond to that non-compliance. The most common and important consequence is that the court can order the party who didn’t follow the protocol to pay the other side’s costs, potentially on an indemnity basis, as a sanction for failing to cooperate. This reflects the aim of pre-action steps: to promote fairness and efficiency by ensuring both sides come to court prepared.

The other options aren’t correct because failing to follow pre-action steps doesn’t automatically dismiss the case, and civil disputes aren’t transferred to the Crown Court for this reason alone. And saying “nothing happens” ignores the court’s ability to sanction non-compliance.