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...

Pre-Action Guidance for Construction and Engineering Disputes in the Technology and Construction Court (England and Wales): Evidence/Experts, Protocol Compliance, Strategy, ADR, Interim Relief and Costs

Published by a LexisNexis Construction expert

Practice notes

Note:

This Practice Note provides targeted guidance on proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. As these sit alongside the general CPR, it should be read with broader guidance on getting ready for and attending trial, including Trial—overview, which in turn links to detailed materials on particular aspects of trial preparation and attendance
Shorter and flexible trials schemes—TCC claims issued on or after 1 October 2015 may fall within, or be apt for, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme
Electronic working—for guidance on electronic working in the TCC, see Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and filing of documents
Multi-track—all TCC proceedings are treated as allocated to the multi-track (CPR 60.6(1))

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Abdul Jinadu

Keating Chambers

Abdul Jinadu was called to the Bar in 1995 and has been a practising barrister in Keating Chambers since 1996, specialising in construction, engineering and energy disputes, and domestic and international arbitration. His practice covers a wide spectrum of advisory work, drafting and advocacy, related to standard form and bespoke contracts; contractors’, sub-contractors’ and employers’ claims; and professional negligence claims (architects, engineers, surveyors and valuers). He has acted for the full spectrum of clients, including construction and engineering companies, government organisations, corporations, public utilities, local authorities, consultancies, architects and engineers. He has extensive experience in the Court of Appeal, appearing there without the benefit of leading counsel. He has extensive experience of a wide range of disputes and advisory work relating to infrastructure projects. Significant cases have involved oil and gas facilities, pharmaceutical plants, hospitals, mining, marine construction and major projects at Canary Wharf, as well as...

Web page updated on 21/05/2026

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