Which of the following is a potential sanction for failing to comply with pre-action protocols?

• A. Dismissal of the claim.
• B. An order for a stay.
• C. Costs penalties or other sanctions.
• D. ADR order.

Answer: (C)

The main idea is that failing to follow pre-action protocols triggers consequences intended to enforce compliance and encourage early resolution. The typical remedy the court can impose is penalties related to costs or other sanctions. In practice, this means the party at fault may face adverse costs orders or additional sanctions designed to pressure adherence to the protocol.

Why the other options don’t fit: a stay is a court-ordered pause in proceedings, not a sanction for protocol non-compliance; an order to use ADR is a management direction to attempt settlement, not a punitive measure for not following the pre-action steps; the key point is that the standard sanction specifically linked to non-compliance is costs penalties or other sanctions.