Pre-action protocol checklist

14-step checklist before issuing court proceedings.

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This calculator uses the rules and figures published on the dates shown. Rates, thresholds, and fees change — always verify the current figure on the official government website before paying or filing. The output is not legal advice.

Rates current as of: 2026-06-12.

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When to use this tool

You're preparing to issue a civil claim and want a quick checklist of pre-action steps to avoid costs sanctions.

Pre-action protocol checklist

Skipping pre-action steps risks costs sanctions, stays of proceedings, and weaker prospects at trial. Tick each item off before issuing.

Identify the correct legal cause of action (breach of contract, negligence, statute, etc.)

Identify the correct defendant (registered company name; correct individual; correct legal entity)

Confirm you are still within limitation (use the Limitation Calculator)

Identify the applicable Pre-Action Protocol (debt, personal injury, housing disrepair, professional negligence, JR, defamation, or the generic Practice Direction)

Draft and send the Letter of Claim with the protocol-required content

Allow the protocol-specified response window (typically 14–30 days)

Consider Alternative Dispute Resolution (mediation, arbitration, ADR scheme)

Exchange key documents per the protocol

Compile the bundle of evidence and witness statements you would rely on at trial

Estimate quantum (damages) with documentary support

Consider Part 36 offers (binding costs consequences)

Engage a solicitor or barrister where the complexity justifies it

Apply for fee remission if eligible (use the Help with Fees Checker)

Issue proceedings only if pre-action steps have been exhausted

Legal basis: Civil Procedure Rules Practice Direction on Pre-Action Conduct and specific Pre-Action Protocols.

Next steps

Read the full guide

Making a Small Claims Court ClaimHow to bring a civil claim for up to £10,000 in the County Court small claims track.

Official Resources

CPR Pre-Action Protocols →