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A letter before action is a formal letter you send to the other side before you start a court claim. It is also called a letter before claim. Its purpose is to set out your complaint clearly, say what you want, and give the other party a chance to respond or resolve the matter before it reaches court. Sending one is not an optional courtesy. Under the rules that govern civil disputes in England and Wales, you are generally expected to communicate your claim in writing and give the other side a reasonable opportunity to reply before issuing proceedings.

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What a letter before action usually contains

The exact contents depend on the type of dispute, but most letters before action cover:
  • Who you are and who you are writing to
  • A clear summary of the facts and what has gone wrong
  • The legal basis for your claim, in plain terms
  • What you want the other side to do, for example pay a sum, carry out work, or return something
  • A deadline for their response, which should be reasonable
  • What you will do if they do not respond, which may include starting a claim

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Why it matters

The letter before action serves two purposes. It gives a genuine chance to settle without the cost and time of litigation, which resolves many disputes at this stage. And it forms part of the pre-action conduct the court expects. If a case does reach court, a judge can take into account whether each side behaved reasonably beforehand, including whether a proper letter was sent and answered.

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Giving a reasonable deadline

A common mistake is demanding a response in an unreasonably short time. What counts as reasonable depends on the complexity of the matter. Straightforward debts may warrant a shorter period than complex disputes. The point is to allow a genuine opportunity to respond.
Portia is a document-organisation tool for people handling civil disputes in England and Wales. It is not a law firm and does not give legal advice. Learn what Portia does.