How to write a letter before action
Before starting many civil claims, the parties are expected to exchange enough information to understand each other’s position and consider settlement. Where no specific pre-action protocol applies, the Practice Direction says a claimant’s letter should give concise details of the claim.
Letter before action checklist
For a straightforward civil dispute, the letter should normally identify the parties, explain the basis of the claim, summarise the important facts, state what you want the other party to do and, where money is claimed, explain how the amount has been calculated. Include or identify the key documents needed to understand the dispute.
How long should you give them to respond?
The correct period depends on the dispute and any specific pre-action protocol. Where no specific protocol applies, the general Practice Direction says a response should be within a reasonable time: around 14 days for a straightforward case and no more than three months for a very complex one. Do not use a standard deadline without checking whether a particular protocol applies to your claim.
Keep the letter proportionate
The purpose of pre-action correspondence is to help both sides understand the issues, exchange necessary information and consider settlement before proceedings. A clear factual letter is usually more useful than an aggressive one. Keep copies of the letter, important supporting documents and evidence of when it was sent.
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Different types of civil claim can have their own pre-action protocol. Check this before relying on a general letter.
Explain the basis of the claim
State why you say the other party is liable and summarise the important facts clearly and accurately.
Say what you want
Explain the remedy you are seeking. If you are claiming money, show how the amount has been calculated.
Include useful supporting information
Provide or identify key documents and information needed to understand the dispute, while keeping the response proportionate.
Allow a reasonable response period
The general Practice Direction says a defendant should respond within a reasonable time; what is reasonable depends on the case and any applicable protocol.
Consider settlement
Pre-action conduct is intended to encourage exchange of information and settlement where possible, including appropriate dispute resolution.
Official source: Civil Procedure Rules: Pre-Action Conduct. This is general information, not legal advice. Check the protocol and rules that apply to your claim.