Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Pre-action definition

What does Pre-action mean? Pre-action describes the stage before court proceedings are issued, when parties investigate the dispute, exchange information and attempt resolution. It is a descriptive expression rather than a statutory term, but in England and Wales it is structured by the Civil Procedure Rules via the Practice Direction – Pre-Action Conduct and Protocols and specific Pre-Action Protocols (for example, debt, clinical negligence, construction, professional negligence and media claims). Typical steps include a letter before claim/letter before action, an informed response, proportionate disclosure of key documents, obtaining early expert input where needed, considering ADR/mediation, and addressing limitation (often with a standstill agreement). The...

Catastrophic Injury Claims from Pre-Action to Settlement: Counsel, Experts, Rehabilitation, Case Management, Interim and Periodical Payments, and Part 36 (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note outlines the key issues and steps to address, preferably with counsel’s input. A vital early consideration is the selection of counsel.

Selection of specialist counsel

In cases of severe injury, counsel’s role is pivotal, and a solicitor will often wish to instruct an experienced junior earlier than would typically happen in more modest claims. The solicitor will want counsel closely engaged in framing the claim and in defining the approach and strategy to be pursued. It is critical that the barrister chosen is skilled and experienced in this work. Equally, it matters that they are approachable and willing to be consulted regularly. The individual appointed should be someone with whom not only the instructing solicitor, but also the claimant and family, will feel at ease. In many matters, counsel will be invited to a conference at the claimant’s home, and a strong rapport between counsel and the claimant (and family) is very important. As counsel will be required to advise on litigation strategy, it will often be desirable to instruct them at an early stage. Early instruction enables counsel to shape the case from the outset, advise on strategy, attend home conferences, and build rapport with family...

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Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 21/05/2026

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