
The Civil Procedure Rules and Pre Action Protocols
Where there is no specific protocol there is general guidance in the Practice Direction on Pre Action Conduct. What is common amongst the protocols is that the court expects or requires parties to send a pre-action letter of claim before any proceedings are contemplated.
So what is a letter before action?
What should go in a letter before action?
However, as a general rule, a letter of claim should include details of the background and circumstances of the claim. It should include any allegations of breach of contract or negligence made. And it should include details of the remedy sought. If the remedy is money, don’t forget interest.
A time limit should be given for a response. Again, this may be set out in the various protocols, but failing that, a reasonable time frame is anticipated. What is reasonable, of course, can depend on the circumstances of the matter. The more complex, the longer a reasonable period of time to respond might be.
You should also give details of any documents that you have and intend to rely on as well as setting out whether you consider alternative dispute resolution to be appropriate.
What can you claim in a letter before action?
A letter of claim is a tool to be used in enforcing a wide range of legal rights.
Things to note
What to do next?
Alternatively, our dispute resolution solicitors would be happy to assist in helping you put together an appropriate letter for your claim and can provide you with an up-front fixed-price quotation or you could have a go yourself and we can check it over for you. Just click the Book a Call button to get started.
In closing
Nothing in this article constitutes legal advice on which you should rely. The article is provided for general information purposes only. Professional legal advice should always be sought before taking any action relating to or relying on the content of this article. Our Platform Terms of Use apply to this article.
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