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...

Debt PAP transitional: re-sending pre-1 Oct 2017 Letter of Claim

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Pre-action protocol for Debt Claims

The Pre-Action Protocol for Debt Claims (the Protocol) took effect on 1 October 2017. When the Protocol applies, the court expects parties to adhere to its requirements before issuing a claim, and will factor in any failure when setting directions for the conduct of any later proceedings (see paragraph 7 of the Protocol). There are no transitional arrangements within the Protocol. Refer to: Precedent: Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims; and Practice Notes: The pre-action protocols and when they apply, and Debt claims and Pre-action conduct...

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