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...

Disease and Illness Personal Injury Pre-Action Protocol: procedure, occupational records, letters, insurer responses, experts, ADR, limitation, mesothelioma, and NIHL Annex E (England and Wales)

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Practice notes

This protocol covers Personal injury matters where harm stems from a disease or illness rather than an accident. If a single incident gives rise to the disease or illness, the parties may, by agreement, use this protocol in place of the Pre-action Protocol for Personal Injury Claims. For further guidance on the Pre-Action Protocol for Personal Injury Claims, consult the Practice Note: The Pre-Action Protocol for Personal Injury Claims. It also extends to claims that, although valued within the Fast track, are rendered unsuitable for that track by their complexity. However, fast track noise-induced hearing loss (NIHL) cases are governed by Annex E of this protocol—see Noise-induced hearing loss claims below. The timetable set out in this protocol may need to be adjusted by the parties where it is not appropriate to the facts of the case. For example, if the claimant has Mesothelioma and a limited life expectancy, the defendant is expected to progress the claim urgently, including any application for an interim payment. Additional, specific provisions apply to mesothelioma claims—see Annexes C and D of the protocol. Adjustments should reflect urgency and the case’s specific circumstances fully...

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Web page updated on 21/05/2026

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