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

Frequently asked questions

What steps must I take before issuing a court claim?

Before issuing proceedings, you must have a valid cause of action, identify the correct defendant, and possess supporting documents. You must send a letter of claim detailing the facts, legal basis, loss, and remedy sought. The defendant then has a protocol-specified time to respond. Both parties must consider alternative dispute resolution (ADR). If the dispute remains unresolved, you may then issue the claim.

What information needs to be included in a letter of claim?

A letter of claim must set out the facts of the dispute, the legal basis for the claim, the specific loss claimed, and the remedy you are seeking. You should also enclose key documents that support your position. This letter initiates the formal pre-action process and allows the defendant to understand the allegations before responding.

What happens if I fail to follow pre-action protocols?

If you skip the pre-action steps, the court can stay (pause) your proceedings to allow you to comply with the protocols. Additionally, if you fail to comply while the other side does, you may face costs sanctions. The court may also direct that you complete the pre-action process before allowing the claim to progress further.

Do I have to consider mediation before going to court?

Both parties are required to consider mediation, negotiation, or other forms of alternative dispute resolution (ADR). If a party refuses to engage in ADR without a good reason, they can attract costs sanctions. This requirement ensures that parties attempt to resolve the dispute amicably before committing to full court proceedings.

Which pre-action protocol applies to my claim?

There are specific pre-action protocols for areas such as personal injury, debt, housing disrepair, professional negligence, judicial review, and defamation. If your claim does not fall under one of these specific categories, the generic protocol applies. You must identify which protocol is relevant to your specific type of dispute before proceeding.