Jurisdiction(s):
United Kingdom

Related legal acts

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...

Practical guide to the Media and Communications Pre-Action Protocol (CPR 53): scope, letters of claim/responses, ADR, sanctions, limitation and reforms (England and Wales)

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Practice notes

This Practice Note

It sets out guidance on applying the Protocol. It covers:

when the Protocol operates
its objectives and scope
typical outcomes of non-compliance
how it relates to limitation

The Protocol replaced the Pre-action protocol for Defamation Claims. For how it differs from that earlier regime, see News Analysis: Pre-Action Protocol for Media and Communications Claims. In addition to defamation, the Protocol extends to a range of other media and communications claims which, before 2019, were not governed by a dedicated pre-action protocol. It formed part of broader reforms to media and communications procedure commencing on 1 October 2019, which also introduced a new CPR 53 and a new practice direction. For more on these changes, see News Analysis: New rules for media and communications claims from 1 October 2019...

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David Hirst

5RB

A barrister at 5RB, the leading national media and entertainment chambers, David Hirst's practice encompasses defamation, privacy, harassment, data protection, contempt, copyright and all aspects of media litigation and pre-publication advice. He has experience acting in defamation, harassment and privacy/confidentiality cases with an online or technological element, as well as obtaining injunctive relief and pre-action disclosure in publication cases. He advises a large number of web, magazine, newspaper, film and TV companies on content output....

Web page updated on 21/05/2026

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