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Introduction

Towards the end of 2020, while businesses were reeling from the challenges of grappling with a global pandemic, the end of the Brexit transition period and LIBOR transition, the Law Commission published a paper analysing the current law underlying intermediated securities - Intermediated securities: who owns your shares? A Scoping Paper.

On 1 October 2017, the Pre-Action Protocol for Debt Claims (Protocol) will come into force. It will apply to all debt claims where:

  • the creditor is a business (including sole traders and public bodies)
  • the debtor is an individual (including sole traders), and
  • no other specialised Protocol applies.

Why is this new Protocol being introduced?

The express purpose of the new Protocol is to: