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...

Archived: Non-compliance with pre-6 April 2015 pre-action provisions—sanctions, costs and ADR (England and Wales)

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Practice notes

ARCHIVED: This Practice Note is retained for historical context. It addresses failures to adhere to any Pre-action protocol and/or the Practice Direction Pre-Action Conduct and Protocols that applied before 6 April 2015, including when such failures may lead to a party being penalised and the forms those penalties might take.

For guidance on non-compliance under the revised Practice Direction in force from 6 April 2015, see Practice Note: Non-compliance with pre-action provisions, and more generally the Practice Note: Pre-action behaviour in non-protocol cases—Pre-Action Conduct and Protocols. To view the Practice Direction Pre-Action Conduct and Protocols that operated prior to 6 April 2015, please click:

Where paragraph references are provided in this Practice Note, they are to the pre–6 April 2015 Practice Direction, unless stated otherwise.

Compliance

The court may impose Costs penalties for any failure to comply with the relevant pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols. The court will assess the proportionality of the steps taken and the urgency of the situation; minor breaches are unlikely to result in unfavourable costs orders (para 4.3)...

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Web page updated on 21/05/2026

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