Principle

CIVIL PROCEDURE — Pre-Action Notice — Non-Compliance Puts Jurisdiction on Hold

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Non-service of pre-action notice does not oust jurisdiction but suspends its exercise until compliance. The defendant can insist on proper notice before the court proceeds. The principle applies to civil procedure. The rule distinguishes between lack of jurisdiction (non-waivable) and non-compliance with pre-action conditions (waivable).…

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