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Depending on terminology of your jurisdiction, a writ is a claim, action or other document by which proceedings to sue are initiated. The term 'protective writ' ordinarily refers to such a claim which is initiated for the sole purpose of reserving rights that would be lost if the claim were not lodged. In particular the customary use of a protective writ is to initiate a claim before the period in which you are able to make such a claim elapses. That is, it is designed to initiate a claim before the statute of limitations (or equivalent) prevents the bringing of the action. Ordinarily the claim is not comprehensive but it is seen as more worthwhile to lodge a claim in some form, notwithstanding that the party will need to substantially amend the claim in due course, rather than having the entire claim time barred.

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16y ago

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