Pre-action Definition

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GLOSSARY

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What does Pre-action mean?

This is the period prior to proceedings being issued.

The period of time following a dispute having arisen and before the commencement of formal proceedings. During this period, a party should ensure they comply with any applicable pre-action rules such as the pre-action protocols and Practice Direction on Pre-Action Conduct and Protocols.

Dispute Resolution

This is the period prior to proceedings being issued.

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Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

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Resolving a dispute—initial considerations

This Practice Note provides a high level summary of the issues which consideration should be given to at the early stages of a dispute, including:Is there a dispute resolution procedure or clause?Consider the extent to which a particular dispute resolution procedure or clause might apply to the dispute in question.If so, issues to consider include:•the requirements of such clause•what the governing law of the clause will be, and•whose courts (if indeed it is a court) will have jurisdiction over the disputeFor further information on these issues, see Practice Note: Dispute resolution clauses—what and why.For general guidance on alternative dispute resolution (ADR) and different types of dispute resolution clauses, see: ADR and dispute resolution clauses—overview.Pre-action obligationsA pre-action protocol sets out what must be done, in relation to a claim to which it applies, before court proceedings are issued. For details on each of the specific pre-action protocols, see Practice Note: The pre-action protocols and when they apply.The Practice Direction Pre-Action Conduct and Protocols says more about what is expected of parties...

Pre-action disclosure—making an application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to any subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings have started including the application notice, evidence in support of the pre-action application and the draft order. The response by the respondent when opposing the application is also discussed. Finally the costs consequences of an application for pre-action disclosure are considered.For detailed guidance on when it might be appropriate to make an application for pre-action disclosure, the approach the courts take when deciding whether to grant such applications and specific discussion of pre-action disclosure in different circumstances, see Practice Note: Pre-action disclosure—requirements and the courts' approach.For guidance on the major aspects of the court’s jurisdiction under CPR 31.16, and discussion of how this has been applied in key cases, see Pre-action disclosure—key considerations and cases.Making an application for pre-action disclosureAn application for pre–action disclosure is an application for a court order—the...

Discover our 59 Practice Notes on Pre-action

Letter of claim—peer-to-peer copyright infringement

Letter of claim—peer-to-peer copyright infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions, which amount to an infringement of our client’s copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...

Letter of claim for negligently performed surgery

Letter of claim for negligently performed surgery Dear [insert organisation name] Letter of Claim [insert claimant’s name] v [insert defendant’s name] We have been instructed to act on behalf of [insert claimant’s name] in relation to treatment carried out/care provided at [insert name of defendant hospital] by [insert name(s) of surgeon(s) if known] on or around [insert date(s)]. Please let us know if you do not believe that you are the appropriate defendant or if you are aware of any other potential defendants. This letter is sent pursuant to the Pre-Action Protocol for the Resolution of Clinical Disputes. You should acknowledge receipt of this letter in writing and identify who will be dealing with this matter within 14 days. Failure to acknowledge receipt may result in the Claimant issuing proceedings without further reference to you. Further within four months of receipt of this letter you should provide a Letter of Response setting out whether the claim is admitted or denied and provide copies of any...

Dive into our 88 Precedents related to Pre-action

How can I enforce an order for pre-action disclosure and costs?

How can I enforce an order for pre-action disclosure and costs? Firstly, it would be prudent to look at the terms of the pre-action disclosure order to see if it mentions anything regarding enforcement. For an example order, see Precedent: Order for pre-action disclosure. Effect of non-compliance Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8)—see Practice Note: Case management—compliance. Note: rules and guidance can be set out in any applicable court guide, as well as in the CPR. To access various court guides, see Practice Note: Court guides and other guidance. Failing to comply with civil procedural rules, practice directions and/or court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so. These delays and costs affect other court users, as well as the parties to the instant proceedings. Conversely, effective and efficient case and costs management can minimise the time...

Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to provide a copy of the conveyancing file?

Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to provide a copy of the conveyancing file? Case study Two individuals have jointly instructed a solicitor to act in the purchase of a property. The parties are now separately represented and one is bringing a Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim against the other. One of the parties wishes to know whether each individual is entitled to require the solicitor to provide a copy of the conveyancing file. See the case of Hamilton and Dixon Group Sipp v Hastings and Company (Solicitors). The case considers a party’s entitlement to view documents held by a solicitor where the same was acting under a joint retainer. Deeny J followed the position expressed by The Law Society of England, and held: '… Each client is entitled to a copy of the relevant documents at their own expense. It seems to me that...

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PI & Clinical Negligence weekly highlights—17 April 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which considered causation in a mesothelioma claim. We also consider a High Court judgment which found that the fixed costs regime was disapplied retrospectively on allocation to the multi-track. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

Minutes of the CPR Committee meeting—7 March 2025

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 7 March 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including the Renters’ Rights Bill, the Small Claims Paper Determination Pilot, Foreign Process Section at the Royal Courts of Justice, the Lacuna Sub-Committee, Standard Directions Orders, e-signatures, and the Service Sub-Committee.

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