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...

Pre-action conduct in Scottish civil disputes: ordinary actions and sheriff court commercial practice by Sheriffdom; Court of Session requirements; sanctions in expenses; practical guidance on ADR, experts and correspondence

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Practice notes

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Practice Note

This Practice Note examines pre-action behaviour in ordinary and commercial civil disputes in Scotland.

For guidance on:

pre-action steps in Scottish personal injury matters, see Practice Note: The Scottish Personal Injury Pre-Action Protocol
other issues to weigh before raising a civil claim in a Scottish court, and how to commence and advance a claim, see Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which lead to more detailed guidance
the closest comparable process in England and Wales, see Pre-action: general—overview and Pre-action protocols—overview, which in turn link to fuller guidance on various aspects of pre-action conduct in England and Wales

Note: this Practice Note does not provide guidance on pre-action requirements in ordinary actions that are partly governed by statute; for example, where a lender seeks to enforce a qualifying standard security under the Conveyancing and Feudal Reform (Scotland) Act 1970, or where a landlord intends to evict a former tenant after irritancy of a lease (Law Reform (Miscellaneous Provisions) (Scotland) Act 1985). It also does not cover the voluntary pre-action protocols operating in professional negligence and disease claims...

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Web page updated on 21/05/2026

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