Pre-Action Protocols

Resolving Disputes Before Litigation

The Courts expect all litigants – including Litigants in Person – to try to resolve issues before they start official litigation. Our role is to assist you with effective, focused communication to record your position to the other party. They will know that you are serious about the issue and are taking it to the next level. It focuses their mind on the consequences of not reaching an agreement.

If you still cannot get the desired resolution, these communications form an important record of your attempts at resolution as the “pre-action protocols” described in the Civil Procedure Rules. If the matter does go to Court, they will also explain, very clearly, your position and what your dispute is about. Whatever the dispute, if you need us we will be with you every step of the way.

How we can help…

Pre-action communications

Attempting to resolve a contentious dispute is usually best achieved by written communications. They help you define your position and focus your thoughts. After taking a detailed case brief, we provide bespoke wordings and communications for you to issue to the other party. These communications are designed to let them know that you are serious about the issue and are now addressing it from a legal perspective.

After this initial process, it may be necessary to move to sending “Letters Before Claim”. More formal and part of the required pre-action conduct, these communications leave the other party in no doubt about your position and willingness to take further legal action.

If this process does not bear fruit – although it often does – we will assist you with all the next steps.

Focused Responses

When disputes become contentious, tact, diplomacy and a cool head are more important than ever. Receiving a communication in such disputes can be stressful and upsetting. We are here to help you formulate the correct response each time, so that you have a clear, documented record of your position, as communicated to the
other party. As always, our first aim is to help you achieve the outcome you want without having to go to Court.

The Claimant is not always right!

Being the Respondent in a Civil claim does not mean that your position is weak. It simply means that the other side also wants to resolve the matter legally. As always, clear, concise and complete written correspondence is essential to put your position to the other party, their legal team and if it gets that far, to the Judge.

Letters Before Claim

The Civil Procedure Rules expect all parties to act in good faith during the pre-action phase of all legal disputes. They must also comply with the pre-action protocols relevant to their specific type of dispute. Although more formal than initial communications, Letters Before Claim are seen as a reasonable and constructive approach before initiating potentially costly and time-consuming Court proceedings. In debt recovery cases, Letters Before Claim form an key part of pre-action protocols.

Case Studies

All our case studies were resolved without the need to go to Court. By addressing the issues with a detailed brief and following the required protocols all of these clients achieved the outcomes they wanted.

We cannot give guarantees, but we know that addressing a dispute in the right way from outset will often save time and costs. In any event, your pre-action conduct proves that you are serious, have thought through the issues and are prepared to escalate the matter if necessary.

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