Pre-action Conduct - Ashford Advice

Contents

Introduction

If a dispute proceeds to litigation, the court will expect you and the other party to have complied with a relevant pre-action protocol or this guidance. The court will take into account non-compliance when giving directions for the management of proceedings and when making orders for costs. The court will consider whether you have complied in substance with the terms of the relevant pre-action protocol or this guidance

Objectives of pre-action conduct and protocols

Before commencing proceedings, the court will expect you and the other party to have exchanged sufficient information to—

(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

Litigation should be a last resort. As part of a relevant pre-action protocol you should consider whether negotiation or some other form of ADR might enable you to settle your dispute without commencing proceedings.

Steps before issuing a claim at court

Where there is a relevant pre-action protocol, you should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, you should exchange correspondence and information to comply with the objectives above, bearing in mind that compliance should be proportionate.

The steps will usually include—

(a) you (the claimant) writing to the defendant with concise details of the claim. The letter should include the basis on which your claim is made, a summary of the facts, what you want from the defendant, and if this is money, how the amount is calculated;

(b) the defendant responding within a reasonable time – 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

If you are in any doubt about pre-action conduct or if you know that a pre-action protocol is in force you should take further advice from a solicitor

Sample Letters

These letters may be used to comply with pre-action conduct to contact a supplier of goods or services, someone who owes you money or an employer

If you need to contact a supplier you can download Sample letter to supplier of goods and or services

If you want to recover a debt, you can download Sample letter to debtor

If you want to claim money owed from an employer, download Sample letter to employer/agency

If you want to claim from a landlord (regarding rented accommodation) about the condition of your accommodation, you can download Sample letter to landlord

Sample letter to supplier of goods and or services

Sample-letter-to-supplier-of-goods-and-or-services Download

(enter your name)

(enter date)

(enter defendant address)

Dear (enter name)

I have not received a reply to my previous correspondence regarding the faulty goods/service which I bought from you on (date of purchase). I have previously explained what is wrong with the goods/services and why I believe that I am entitled to a refund.

I am now claiming a [full/partial] refund of the (price paid) on the grounds that the goods/service were not of satisfactory quality under the Consumer Rights Act 2015. I enclose a copy of the proof of purchase.

I have calculated this sum [state how you have calculated the amount being claimed]

Listed below are the documents on which I intend to rely in my claim against you: [List the key documents that you will need to use to prove your claim]

I would like a reply as soon as possible so that I know you have received this letter. If you don’t agree to the refund, please send me a detailed response stating why you disagree.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

Yours sincerely

(Enter your name)

Sample letter to debtor

Sample letter to debtor Download

(your address)

(date)

(debtor’s name)
(debtor’s address)

Dear [debtor’s name],

Reference: [Reference number, if applicable]

I am writing to you regarding an outstanding debt of [amount] owed to [your name] arising from [briefly describe the nature of the debt, e.g., contract, loan, goods or services supplied].

The debt is due and payable on [date]. A copy of the relevant [invoice, contract, etc.] is attached for your reference.

Despite previous attempts to resolve this matter amicably, the debt remains unpaid. I am therefore formally requesting that you pay the outstanding amount in full within [number] days of the date of this letter.

If you are unable to pay the full amount within this timeframe, please contact me to discuss alternative arrangements, such as a payment plan.

Please note that if this matter is not resolved satisfactorily, I may be forced to commence legal proceedings against you to recover the outstanding debt.

Yours faithfully,[your signature]
[your name]

Sample letter to employer/agency

Sample letter to employer or agency Download

(Enter your address) (Enter date)

(Enter employer/agency name & address)

Dear (enter name),

I am writing to you because I am concerned that I have not received my correct pay.

I (am/was employed/engaged) by you from (enter date) to the (enter date) as a (enter job title) on a (enter job type – full time, part time or agency/casual) basis.

I believe I have been underpaid on the (enter dates) by a total of £ (enter sum) as a result of:

(Specify the full details of your claim and how it occurred -for example):
• non-payment of wages
• non-payment of annual leave
• incorrect rates of pay etc.

(Specify any monies incurred as a result of the underpayment- for example):
• bank charges (include proof)
• mortgage charges.

Please respond to my claim and remedy this within a reasonable time. To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

Yours sincerely,

(Enter your name )

Sample letter to landlord for compensation

Sample letter to landlord Download

[your address]

[date]

[landlord name & address]

Dear Sirs,

RE: (YOUR NAME AND ADDRESS OF PROPERTY)

I write regarding housing conditions at the above address. I am using the Pre-Action Protocol for Housing Conditions Claims – England.

Housing Conditions

The following defects exist at the property (set out nature of defects).

I enclose a schedule of conditions which sets out the defects in each room.*

The history is as follows: (set out history of defects)

You received notice of the defects as follows: (list details of notice relied on).

The defects at the property are causing (set out the effects of the defects on you and your family, including any personal injury element. Specify if there will be any additional claimants).

Please arrange to inspect the property as soon as possible. Access will be available on the following dates and times: (list dates and times as appropriate)

Please confirm whether you intend to carry out remedial works at this stage or whether you wish to wait until the property has been inspected by the expert(s) as set out below.

If you intend to carry out works at this stage, please set out a full schedule of intended works including anticipated start and completion dates and a timetable for the works.

Disclosure

Please also provide within 20 working days of this letter all relevant records or documents including:

(i) a copy of the tenancy agreement including the tenancy conditions;

(ii) the tenancy file;

(iii) documents relating to notice of defects given, including copies of any notes of meetings and oral discussions;

(iv) inspection reports or documents relating to works required to the property; and

(iv) relevant computerised records.

I enclose copies of the following relevant documents: (set out list)

Expert

If agreement is not reached about the carrying out of works within 20 working days of this letter, I propose that we jointly instruct a single joint expert (insert expert’s name and address) to carry out an inspection of the property and provide a report. I enclose a copy of their CV, plus a draft letter of instruction. Please let me know if you agree to his/her appointment. If you object, please let me know your reasons within 20 working days.

If you do not object to the expert being instructed as a single joint expert, but wish to provide your own instructions, you should send those directly to (insert expert’s name) within 20 working days of this letter. Please send me a copy of your letter of instruction. If you do not agree to a single joint expert, I will instruct (insert expert’s name) to inspect the property in any event. In those circumstances, if you wish to instruct your expert to attend at the same time, please let me and (insert expert’s name) know within 20 working days.

Claim

I take the view that you are in breach of your obligations relating to housing conditions. Please provide me with your proposals for compensation. (Alternatively, set out suggestions for general damages i.e. £x for x years). I also require compensation for special damages, and I attach a schedule of the special damages claimed.*

Yours faithfully,

* Delete as appropriate

Current Pre-action protocols

The table sets out the protocols currently in force and from which date.

Protocol	Came into force
Personal Injury	6 April 2015
Resolution of Clinical Disputes	6 April 2015
Construction and Engineering	9 November 2016 2nd Edition
Defamation	02 October 2000
Professional Negligence	16 July 2000
Judicial Review	6 April 2015
Disease and Illness	8 December 2003
Housing Disrepair	6 April 2015
Possession Claims by Social Landlords	6 April 2015
Possession Claims for Mortgage Arrears	6 April 2015
Dilapidation of Commercial Property	1 January 2012
Low Value Personal Injury Road Traffic Accident Claims	30 April 2010 extended from 31 July 2013
Low Value Personal Injury Employers’ and Public Liability Claims	31 July 2013
Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents	31 May 2021

Last Updated on May 28, 2026 by Ashford Advice