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...

RTA Low-Value Personal Injury Portal: Practical Guide to Stage 2–3, MedCo, Interim Payments, Settlement Packs, Negotiation and CPR PD 49F (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

The Pre-action Protocol for Low Value Personal injury Claims in Road Traffic Accidents

This Practice Note provides a hands-on summary of the key elements of Stage 2 and 3 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, together with an examination of leading case law and the practical consequences for those operating within the online portal.

Note: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to accidents occurring on or after 31 May 2021 where the sum claimed for injuries is not more than £5,000 and the total value of the claim is not more than £10,000. The Small claims track limit for personal injury claims arising from a road traffic accident is £5,000 for Damages for pain, suffering and loss of amenity (PSLA), subject to specified exceptions. For more on the RTA Small Claims Protocol, including when it does not apply, see Practice Note: The road traffic accident small claims protocol and The RTA small claims protocol—key features checklist...

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Sue Brown

Susan Brown qualified as a solicitor in 1996, and was a partner and Head of Personal Injury at niche West End litigation firm Reid Minty until 2003, when she moved to the in-house legal team for Royal&SunAlliance. She was with Prolegal from 2007 to June 2016 as Head of Personal Injury and Professional Negligence. She is now a mediator and a director of Claims Portal and Medco.Sue has specialised in personal injury, clinical negligence and professional negligence claims for over 20 years and has a particular interest in asbestos disease claims and in complex psychiatric injury claims. She has handled a wide range of professional negligence claims including against solicitors, surveyors, architects and accountants.Sue talks and makes regular published contributions in the legal and national press on issues of personal injury, professional negligence, costs and funding.Sue was Chair of the Motor...

Web page updated on 21/05/2026

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