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...

Pre-Action Protocols in England and Wales: Application, Selection and Compliance Across Common Claim Types, with Costs and Court Guide Considerations

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note outlines the Pre-action protocols, citing the Practice Direction Pre-Action Conduct and Protocols (Practice Direction), and provides a summary of the particular pre-action protocols that may apply to your dispute. It gives guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your matter is progressing, you may also need to consider further provisions—see below.

For details on:

the reforms proposed by the Civil Justice Council following its review of the pre-action protocols, and any related developments discussed at subsequent Civil Procedure Rule Committee and Online Procedure Rules Committee meetings—see: Pre-action protocols—overview
the importance of alternative dispute resolution (ADR)—see: ADR and dispute resolution clauses—overview and Mediation—overview
developments concerning online dispute resolution—see: Starting and managing online claims—overview
general guidance on commencing a claim—see: Starting a claim or counterclaim—overview

What are pre-action protocols?

The pre-action protocols set out the conduct that the court will ordinarily expect parties to have undertaken before proceedings are issued (Practice Direction Pre-Action Conduct and Protocols, para 1). This approach is reflected in Commentary: Pre-action protocols: Halsbury's Laws of England...

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Web page updated on 21/05/2026

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