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...

TOLATA 1996 claims—pre-action obligations: Practice Direction—Pre-Action Conduct and Protocols compliance, information exchange, expert evidence, ADR, sanctions and limitation (England and Wales)

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Practice notes

pre-action protocol

There is no dedicated pre-action protocol for claims brought under the Trusts of Land and appointment of Trustees Act 1996 (TOLATA 1996). Accordingly, parties should refer to the Practice Direction pre-action Conduct and protocols (previously Practice Direction—Pre-Action Conduct). The current Practice Direction took effect on 6 April 2015 and was most recently updated on 6 April 2022, introducing a shorter, clearer set of steps to follow before proceedings are started, and it has been revised periodically. It is contained within the Civil Procedure Rules 1998 (CPR), SI 1998/3132, and sets out the conduct expected of parties before issue. Except in the most urgent circumstances, or where an application is made pursuant to an agreement, before commencing court proceedings—and whether the claim is pursued under CPR Part 7 or CPR Part 8—the court will ordinarily expect the parties to share sufficient information to:

understand each other’s position
decide how best to move forward
seek to resolve the dispute without issuing proceedings
consider a form of alternative dispute resolution (ADR)
assist the efficient management of any proceedings
limit the costs...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 22/05/2026

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