Pre-Action Protocol
Steps that parties are expected to take before commencing court proceedings, as set out in the Civil Procedure Rules. Protocols require exchange of information, attempts at settlement, and disclosure of key documents.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The Civil Procedure Rules' own glossary describes pre-action protocols as 'Statements of best practice about pre-action conduct which have been approved by the Head of Civil Justice' and listed in the Practice Direction on Pre-Action Conduct. That Practice Direction explains that protocols 'set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims', with the underlying objectives being for parties to exchange enough information to understand each other's position, try to settle without proceedings, consider ADR, and reduce the costs of resolving the dispute.
Where no specific protocol applies, the Practice Direction itself sets a general standard: the claimant should write with concise details of the claim, and the defendant should respond within a reasonable time — expressed in the Practice Direction as '14 days in a straight forward case and no more than 3 months in a very complex one'. The steps must be used proportionately: a protocol or the Practice Direction 'must not be used by a party as a tactical device to secure an unfair advantage over another party', and the court can penalise non-compliance through costs orders or by staying proceedings until compliance is achieved.
Example
Under the Practice Direction on Pre-Action Conduct, a defendant is expected to reply to a claimant's letter before claim within 14 days in a straightforward case, or up to 3 months in a very complex one, confirming whether the claim is accepted and, if not, explaining which facts are disputed.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.