Letter Before Claim — full guide
What a Letter Before Claim is, why it is required by the Pre-Action Protocols, what it must include, and the consequences of skipping it.
개요
The Pre-Action Protocols (PAPs) are a key feature of the Civil Procedure Rules. They require parties to exchange information before issuing court proceedings, with the goals of settling without litigation, narrowing the issues, and ensuring the claim is genuinely understood. The Letter Before Claim is the cornerstone — failing to send one, or sending an inadequate one, exposes a claimant to cost sanctions even if they win.
이 절차를 사용할 수 있는 사람
- You are likely eligible to use this guide if your situation involves letter before claim — full guide.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
단계별 절차
Identify the relevant Pre-Action Protocol
Check the CPR PAP list. Common ones: PAP for Debt Claims (consumer debt), Personal Injury, Professional Negligence, Housing Disrepair, Judicial Review, Possession. If no specific PAP applies, follow the Practice Direction on Pre-Action Conduct.
Include the required content
Most PAPs require: parties; facts and chronology; legal basis; amount claimed (with calculation); supporting documents listed or attached; reasonable response deadline (typically 14 days for debt, 21 days for general, 3 months for PI). Cite the relevant PAP.
Send by recordable method
Letter posted by recorded delivery + email is the safest combination. Keep evidence of dispatch and receipt.
Give a reasonable response time
The protocols specify minimum periods (e.g. 30 days for Debt Claims, 3 months for PI Letter of Claim). For complex matters, longer may be reasonable. The court will scrutinise this.
If you receive a Letter Before Claim
Respond within the deadline (or seek an extension). Engage with the issues. Failure to respond, or a misleading response, can attract cost sanctions even if you win the case.
If no response or unsatisfactory response
After the deadline, the claimant can issue proceedings. The LBC then forms part of the litigation record — the court will see whether the parties tried to resolve matters.
중요 경고
Skipping the LBC, or sending a vague one, can result in costs sanctions even if you win the substantive case.
For consumer debt claims, the PAP for Debt Claims has specific information requirements (debt details, payment plan offer, advice contact info) — failure to comply has been seized on by debt advisers to defeat claims.
Pre-action mediation: from May 2024, small claims mediation is mandatory for many money claims. Mention engagement with mediation in the LBC.