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...

RTA Low-value PI Protocol (England and Wales, from 31 May 2021): scope, exclusions, Stages 1-3, MedCo/whiplash, interim payments, children, vehicle-related damages, limitation and fixed costs

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Practice notes

NOTE :

The pre-action protocol for personal injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) covers collisions taking place on or after 31 May 2021, in circumstances where the sum claimed for the injuries does not exceed £5,000, and the overall claim value is capped at £10,000 in total. The small claims track threshold for personal injury arising from a road traffic accident has been lifted to £5,000 in respect of damages relating to pain, suffering and loss of amenity, subject to certain exceptions. For comprehensive information on the RTA Small Claims Protocol, including situations in which it does not apply, see Practice Note: The road traffic accident small claims protocol and Checklist: The RTA small claims protocol—key features checklist...

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Web page updated on 22/05/2026

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