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...

Practitioner's Overview of Civil Litigation in England and Wales: Pre-action, Funding, CPR, Case Management, Evidence, ADR, Injunctions, Costs, Enforcement and Appeals

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note sets out an overview of a litigation process for a dispute in England and Wales.

This Practice Note provides an outline of the litigation journey for disputes in England and Wales. It also offers a recap of the typical phases most civil cases will involve, spanning pre-action steps, issuing proceedings, trial, enforcement and any appeal, alongside related costs and funding considerations. It further addresses the court’s approach to case and costs management, lay and expert evidence, the obtaining of injunctions and the options for bringing proceedings to a close, including resolution by settlement. The Practice Note is arranged in a way that can be repurposed as a client letter to set out the principal stages of most civil disputes. It includes no outbound links to other Lexis+® UK materials. For links to content aligned to these key stages, refer to Practice Note: —related documents, which mirrors the headings adopted here. While every dispute has its own features, what follows is an outline of the core stages most matters tend to include, together with additional steps that may be necessary. For broad guidance on the actions parties should weigh up when considering whether to commence proceedings before the...

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Web page updated on 21/05/2026

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