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...

Experts’ meetings and joint statements under CPR 35: purpose, timing, conduct, privilege and legal effect—guidance and case law (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores why experts meet and the range of possible approaches available in practice. It clarifies the standing of expert-to-expert discussions and any joint statement, and examines how far any consensus between experts may bind the parties to the litigation. It offers guidance on reading and applying the pertinent CPR provisions, and on how they should be understood in context and applied appropriately. For further provisions, see the Court specific guidance below.

Expert witnesses and those instructing them are expected to comply with the following:

the Guidance for the instruction of experts in civil claims ('the Guidance')
Practice Direction pre-action Conduct and Protocols, para 7

Conventional directions for experts’ meetings and joint statements

The court may require an exchange of experts’ initial reports and, frequently under CPR 35.12, will order a subsequent, without prejudice, joint discussion between the experts in each relevant discipline. In some courts, that meeting is expressly directed to occur before the reports are exchanged. The court may further direct that, following that discussion, the experts draft a joint statement or memorandum identifying the issues on which they agree and those on which they differ and, in respect of matters still disputed, a...

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Web page updated on 21/05/2026

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