Pre-action protocols - What you need to know before starting a civil claim

Summary

Thinking of taking someone to court? You must follow the 'pre-action protocol' first. Learn about court procedure, how to write a letter before action, and avoid legal penalties. Free step-by-step guide. This information is about the law in England and Wales. 1 Getting started 2 Things to understand 3 Civil procedure rules (CPR) 4 Pre-action protocols and pre-action conduct 5 Pre-action checklist 6 If you fail to follow a pre-action protocol or the pre-action conduct rules 7 How to write a letter before action – checklist and template 8 After you have written your letter of claim, and before starting court proceedings 9 Making a claim online and court forms 10 Court fees 11 Finding a court 12 Emailing the court 13 How long will my case take? 14 How much will my claim cost? 15 FAQs about pre-action protocols and pre-action conduct 16 What does it mean? 17 About this guide 1. Court is the last resort. You must try to settle the dispute first. 2. The court expects you to follow certain rules before you formally start a case. These are called pre-action protocols. If there is no pre-action protocol for your type of case, you must follow the pre-action conduct rules. 3. You must follow.

Key information

• •are thinking about taking someone to court in either England or Wales, and
• •your case involves a claim for £25,000 or less, and
• •you are representing yourself (you are a litigant in person) and not eligible to have your case paid for by legal aid, a trade union, or insurance.
• •family cases (such as an application for a domestic violence injunction or a divorce),
• •housing disrepair cases, or housing possession including mortgage possession,
• •injunctions (including court claims about anti-social behaviour),
• •cases involving defamation (libel or slander),
• •tribunal cases (such as a discrimination claim or other claim in the employment tribunal).
• •follow all the court rules (known as the Civil Procedure Rules – see Civil Procedure Rules (CPR)),
• •provide enough information to allow the other side and the court to understand what the dispute is about and what you are asking for,
• •do things within the relevant time limits or, if no time limit is mentioned, then within a reasonable period,
• •use alternative dispute resolution (for example, mediation) to try and resolve the claim without the need to go to court,

Practical guidance

• •Source: [Pre-action protocols - What you need to know before starting a civil claim](https://www.advicenow.org.uk/get-help/going-court/small-claims-and-civil-court/things-you-need-know-about-court-procedure-you)

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