Letter Before Action

A letter before action (also known as a letter of claim) is a formal written notice sent to a prospective defendant before court proceedings are issued, setting out the basis of the claim and the remedy sought. It forms part of the pre-action protocol requirements under the Civil Procedure Rules and gives the recipient an opportunity to resolve the dispute without litigation.

In practice

The letter must clearly identify the parties, the factual basis of the claim, the legal basis, the remedy sought, and a reasonable deadline for response (typically 14 to 30 days depending on the protocol). Failure to send a letter before action, or issuing proceedings prematurely, may result in the court imposing costs penalties on the claimant even if the claim succeeds.