Under CPR 3.1(4) when the court gives directions it may take into account whether or not a party has complied with any relevant pre-action protocol. If a claimant issues proceedings without complying with a protocol or the protocols practice direction, it is open to the court to stay the proceedings until the claimant has followed the protocol procedure, or to require the parties to mediate before lifting the stay.

See further below, right, under 'Costs Sanctions'.