Create My Docs · Letter Before Action Guide

How to write a letter before action

Before starting many civil claims, the parties are expected to exchange enough information to understand each other’s position and consider settlement. Where no specific pre-action protocol applies, the Practice Direction says a claimant’s letter should give concise details of the claim.

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Check which pre-action rules apply

Different types of civil claim can have their own pre-action protocol. Check this before relying on a general letter.

Explain the basis of the claim

State why you say the other party is liable and summarise the important facts clearly and accurately.

Say what you want

Explain the remedy you are seeking. If you are claiming money, show how the amount has been calculated.

Include useful supporting information

Provide or identify key documents and information needed to understand the dispute, while keeping the response proportionate.

Allow a reasonable response period

The general Practice Direction says a defendant should respond within a reasonable time; what is reasonable depends on the case and any applicable protocol.

Consider settlement

Pre-action conduct is intended to encourage exchange of information and settlement where possible, including appropriate dispute resolution.

Official source: Civil Procedure Rules: Pre-Action Conduct. This is general information, not legal advice. Check the protocol and rules that apply to your claim.