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...

Inheritance (Provision for Family and Dependants) Act 1975 (England and Wales): time limits, pre-action, Part 8 procedure, evidence, personal representatives, case management, and effect of claimant’s death

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Practice notes

Time limits

An action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should ordinarily be begun within six months of the date of a grant to the estate. Any application after that period may only proceed with the court’s permission. For guidance on time limits, see Practice Note: Family provision claims—preliminary issues—Time limits.

Pre-action conduct

There is no specific pre-action protocol for I(PFD)A 1975 claims, but both parties should have regard to the Practice Direction Pre-Action Conduct and Protocols. The court will expect the parties—bearing in mind the aims of placing them on an equal footing, saving expense, and proportionality—to observe that Practice Direction where appropriate and behave reasonably in exchanging information and documents relevant to the claim, and generally in attempting to avoid the need to issue proceedings. Conduct under the Practice Direction should usually include:

the claimant sending a letter setting out the details of the claim in full
the defendant acknowledging the letter of claim within 21 days of receipt
the defendant providing, within a reasonable period, a detailed written response addressing the issues raised
the parties engaging in genuine and reasonable negotiations with a view to resolving the claim cost-effectively and proportionately...

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Web page updated on 21/05/2026

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