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...

Enforcement of Pre-Action Settlement Agreements (England and Wales): Contracts, Deeds, Email Exchanges and Part 36, with Remedies, Costs and Revival of Underlying Claims

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note addresses enforcement of settlement agreements reached before any claim is issued. In contrast to compromises made after a claim has begun, a pre-issue settlement leaves nothing to be stayed or brought to an end. As a result, a judgment or order is not typically required, and the enforcement questions are correspondingly different. If a claim has already been issued, see Practice Note: Enforcing settlement agreements concluded after proceedings have commenced.

How did the parties conclude their pre-action settlement?

The parties may have formed a settlement contract by any of the following:

by an executed agreement in a contractual document
by deed
by a binding exchange of emails or letters
by an offer and acceptance under cpr 36 (a pre-action part 36 offer)

Enforcement of an executed agreement in a contractual document

Where, pre-action, the parties have settled their dispute by executing a contractual agreement but one party does not comply with the obligations undertaken, the other party must issue a claim to enforce the terms...

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Web page updated on 21/05/2026

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