Jurisdiction(s):
United Kingdom

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...

Disclosure after Jackson: CPR 31.5 menu, disclosure report (N263), early co-operation—April 2013 [Archived]—England and Wales

Published by a LexisNexis Dispute Resolution expert

Practice notes

ARCHIVED:

This Practice Note examines the Jackson reforms to CPR 31.5 on disclosure that took effect on 1 April 2013. The reforms are intended to prompt the parties and the court, at an early point, to consider and decide the most suitable disclosure exercise for their case.

Note: this Practice Note offers guidance only on the provisions brought in during April 2013. It does not give guidance on any subsequent procedural amendments (whether to the CPR or any other procedural rules). Nor does it address the implementation or interpretation of the April 2013 procedural updates, or any later updates.

For guidance on the Jackson Reforms one year on, and on subsequent CPR updates, see Practice Note: Jackson Reforms—one year on [Archived] and CPR updates—overview respectively. For information on disclosure after April 2013, see:

Practice Note: Disclosure in multi-track cases. This covers the steps the parties need to take before the first CMC
Practice Note: Disclosure in multi-track cases...

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Web page updated on 21/05/2026

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