SQE Daily.

Sanctions against a defendant who ignores a letter before claim (PD Pre-Action Conduct, para 16)

Amira Haddad, a sole trader, supplied bespoke shop fittings to Brightwater Interiors Ltd, which has not paid the £150,000 price. No pre-action protocol applies. In January 2026 Amira's solicitors sent Brightwater a detailed letter before claim complying with the Practice Direction - Pre-Action Conduct and enclosing key documents. Brightwater did not reply at all. Amira issued proceedings in May 2026. Brightwater defended the claim, but Amira was awarded £150,000 after a multi-track trial. The judge finds that Brightwater's failure to respond was unreasonable non-compliance with the Practice Direction.

Which of the following orders may the court make because of Brightwater's non-compliance?

Choose one answer to see the reasoning.

  1. Dispute Resolution · FLK1No. L118

    Failure to file a costs budget on time (CPR 3.13 and 3.14)

    Unless the court otherwise orders, what is the consequence for Dunmore?

  2. Dispute Resolution · FLK1No. 30

    Claimant fails to beat a defendant's Part 36 offer: costs consequences (CPR 36.17(1)(a) and (3))

    Which of the following best describes the order the court must make, unless it considers it unjust to do so?

  3. Dispute Resolution · FLK1No. L103

    Court's power to order ADR and costs consequences of refusing to engage (CPR 3.1(2)(o), 44.2(5)(e))

    Which of the following best describes the position?