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...

Construction and engineering disputes: TCC Pre-Action Protocol letter of response—template and guidance (England and Wales)

Published by a LexisNexis Construction expert

Precedents

Note:

This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. As these provisions supplement the CPR’s general rules, this Practice Note should be read alongside the broader guidance on preparing for and attending trial, including Trial—overview, which in turn directs you to detailed materials on particular aspects of trial preparation and attendance
Shorter and flexible trial schemes—For TCC claims issued on or after 1 October 2015, one or both schemes under CPR PD 57AB may apply: the shorter trials scheme and the flexible trials scheme. For further details, refer to the Practice Notes Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme
Electronic working—For guidance on electronic working in the TCC, consult Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and filing of documents
Multi-track—All TCC cases are treated as allocated to the multi-track (CPR 60.6(1))

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Web page updated on 22/05/2026

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