Pre-action is part of the litigation process.
The Practice Direction on Pre-Action Conduct and Protocols applies where no specific protocol governs the dispute. Its objectives include exchanging sufficient information to understand each other’s position, trying to settle, considering ADR, and supporting efficient management of any proceedings that follow.
The letter should be proportionate.
Set out the concise facts, legal basis, remedy and key documents. Give a reasonable opportunity to respond. A complex data or contract dispute may need more detail than a simple unpaid refund, but volume is not a substitute for clarity.
Keep limitation separate.
Pre-action correspondence does not give you permission to miss a limitation deadline. If limitation is close, obtain legal advice promptly; the Practice Direction expressly recognises limitation as a separate issue.
What the Practice Direction expects
Where no specific pre-action protocol applies, the Practice Direction says parties should exchange enough information to understand each other’s position, make decisions about how to proceed, try to settle without proceedings, consider ADR and support efficient case management.
The usual claimant letter gives concise details of the claim, the basis, summary facts, remedy and calculation of any money sought. The defendant should respond within a reasonable period - around 14 days in a straightforward case and up to three months in a very complex one.
Proportionality matters
Pre-action correspondence is not a rehearsal of every witness statement. The amount of detail and cost should be proportionate to the dispute. A precise ten-page letter can be better than a 70-page bundle if it identifies the issues and evidence clearly.
The court expects the dispute to be narrowed first
The Practice Direction on Pre-Action Conduct and Protocols expects parties to exchange enough information to understand each other’s position, decide how to proceed, try to settle, consider ADR and reduce the issues before proceedings. The goal is not to write a miniature witness statement containing every email ever sent.
Where a specific pre-action protocol applies, use it. Otherwise the general Practice Direction is the starting point. A claimant should explain the basis of the claim, key facts, what is wanted and how any money figure is calculated; the defendant should provide a reasoned response.
Proportionality matters
The amount of pre-action work should be proportionate to the dispute. The Practice Direction indicates a reasonable response period can be around 14 days in a straightforward case and longer, up to around three months, for a very complex matter. Those are not universal limitation extensions. If limitation is close, obtain advice on protective proceedings rather than allowing correspondence to make the claim late.
Keep a pre-action record
- the final complaint/ADR position;
- letter before claim and proof of delivery;
- the response;
- documents requested/provided;
- settlement or ADR proposals; and
- your calculation of the amount claimed.
The court can take non-compliance into account when giving directions and dealing with costs, so conduct before issue can matter later.
Do a final stocktake before issuing.
- What facts are admitted?
- What facts remain disputed?
- What legal basis will be pleaded?
- What documents prove each live issue?
- How is each sum calculated?
- Has ADR been considered?
- Is the defendant correctly identified and solvent enough for enforcement to be realistic?
- Is the claim within limitation?
Useful discipline.
If you cannot explain the claim in a short chronology, issue list and schedule of loss, more drafting is usually needed before proceedings are started.
Non-compliance is not an automatic win for either party.
The court can take pre-action conduct into account when managing proceedings and considering costs or sanctions, but a defendant does not automatically lose because it ignored a letter before claim, and a claimant does not automatically lose because a letter was imperfect. The court considers the effect and seriousness of non-compliance in context.
The sensible aim is to be able to show that your own conduct was clear, proportionate and directed at resolving or narrowing the dispute.
Check for a specific protocol first.
| Type of dispute | Why this matters |
|---|---|
| Business claiming a debt from an individual | The Pre-Action Protocol for Debt Claims can apply and contains specific information/form requirements. |
| Personal injury | Dedicated personal-injury protocols can govern. |
| Professional negligence | There is a specific protocol and different expectations. |
| Ordinary consumer contract dispute | Often the general Practice Direction applies if no specific protocol fits. |
Using the wrong protocol can create unnecessary steps or omit mandatory ones.
Pre-action conduct is a process of narrowing and exchanging, not a ceremonial letter.
The general Practice Direction aims to help parties understand each other’s positions, decide how to proceed, settle where possible, consider ADR and support efficient litigation. That usually means a clear claim, a reasoned response, exchange of key documents and a genuine stocktake before issue.
It does not require parties to reproduce full trial disclosure before a small claim exists, and the steps should remain proportionate to the value and complexity of the dispute.
Official sources
Check the rules behind this guide
These are official or primary sources for this topic. Court rules and fees can change, so check the live source before issuing a claim or relying on a deadline.