Pre-action route: when to issue a court claim

When to use this route

You are considering issuing a court claim and need to understand the pre-action steps required.

When NOT to use this route

Emergency injunctions (no time for pre-action correspondence); urgent JR (pre-action protocol still required but compressed); arbitration matters.

Prerequisites

• • You have a valid cause of action
• • You have identified the correct defendant

Evidence to gather

• • Documents supporting your claim
• • Correspondence demonstrating the dispute

Route map

1. Stage 1

   Identify the relevant protocol

   Specific protocols cover personal injury, debt, housing disrepair, professional negligence, judicial review, defamation, etc. Generic protocol applies otherwise.
2. Stage 2

   Letter of claim

   Set out the facts, the legal basis, the loss claimed, and the remedy sought. Enclose key documents.
3. Stage 3

   Response window

   Defendant has the protocol-specified time to respond (often 14–30 days). They may admit, deny, or counterclaim.
4. Stage 4

   Disclosure of key documents

   Both sides exchange the documents central to the claim.
5. Stage 5

   ADR consideration

   Both sides must consider mediation, negotiation, or other ADR. Refusing without good reason can attract costs sanctions.
6. Stage 6

   Issue claim (if not resolved)

   Only after the above can you issue. The court can stay proceedings to allow PAP compliance if you skip it.

   Forum: county court

Final remedies

• • Settled at pre-action stage (most cases)
• • Costs sanctions if you fail to comply and the other side does
• • Court directs PAP compliance before allowing the claim to progress

Official sources