Letter Before Action

A formal written warning that you intend to sue unless a dispute is resolved by a set deadline — expected by the courts before most claims, and can affect who pays the costs even if you win.

Do I really have to send a Letter Before Action before suing?

You are not legally barred from issuing a claim without one, but the courts expect it. The Practice Direction on Pre-Action Conduct sets out what parties should do before proceedings start, and skipping this step is treated as unreasonable conduct. A judge can penalise you on costs, even if you win the case outright, for failing to try to resolve things first.

How long do I have to give the other side to respond?

There is no single fixed number written into every protocol, but a period that is fair in the circumstances is expected — commonly around 14 to 30 days depending on the complexity of the claim. For debt claims against individuals, a specific Pre-Action Protocol for Debt Claims applies and sets out stricter minimum timeframes and required content.

What should a Letter Before Action actually say?

At minimum: who you are, what has happened, what you are claiming and why, how much you want (or what you want done), the deadline for a response, and a clear statement that you will issue court proceedings if the deadline passes without resolution. Attaching any evidence that supports the claim is good practice and can shorten the dispute.

Can the other side use my Letter Before Action against me?

A properly drafted letter should not damage your position — its purpose is to put the other side on notice and demonstrate you tried to resolve things reasonably before going to court. Avoid conceding points you are not sure of, and avoid promising outcomes or guarantees you cannot deliver, since a letter making unfounded threats can itself count against you on costs.

What if the other side ignores my letter completely?

If the deadline passes with no response or no resolution, you have satisfied the pre-action expectation and can issue a claim. Keep proof you sent the letter, such as a delivery receipt or read confirmation, since you may need to show the court you followed the correct process before proceedings began.

Does sending a Letter Before Action cost anything?

No court fee applies to sending the letter itself, since it happens before any claim is issued. Any cost is your own time, postage, or the cost of getting evidence together. The court fee is only payable later, if and when you actually issue the claim.

Letter Before Action

Small Claims · Glossary

Letter Before Action

Last reviewed: August 2026

Letter Before Action

is a formal letter setting out a dispute, what is being claimed and why, and a deadline for the other side to respond, sent before court proceedings are issued as required by the pre-action protocols.

Where this comes from

Practice Direction — Pre-Action Conduct and Protocols

— sets the general expectation to try to resolve disputes before issuing a claim.

Pre-Action Protocol for Debt Claims

— a stricter, specific protocol for money claims made by businesses against individuals.

Make a court claim for money

— gov.uk overview of the small claims process, including pre-action steps.

Why the courts care whether you sent one

Court proceedings are meant to be a last resort, not a first move. The Practice Direction on Pre-Action Conduct sets out what the courts expect both sides to do before a claim is issued: exchange enough information to understand each other's position, try to resolve the dispute without litigation, and consider some form of alternative dispute resolution. Sending a Letter Before Action is the practical way most people satisfy this expectation for a straightforward money claim.

Judges have the power to penalise a party on costs for failing to follow this process, even where that party ultimately wins the case. That means someone who never gave the other side a fair chance to pay or settle before rushing to court can end up recovering less than they otherwise would, or paying some of the other side's costs, purely because of how the claim started.

What should go in the letter

• Who you are and what happened.
• Identify yourself, the other party, and a clear account of the facts giving rise to the dispute.
• The amount claimed, or the specific action you want taken, and a brief explanation of why you are entitled to it.
• Supporting evidence.
• Copies of contracts, invoices, photographs, or correspondence that back up the claim, so the other side can properly assess it.
• A reasonable period to respond — often 14 to 30 days depending on the type and complexity of the claim — and a statement that you will issue proceedings if it passes unresolved.

How it works in practice

A tradesperson is owed £2,400 for completed work under a written contract. Before issuing a claim, they send a Letter Before Action to the client, summarising the work done, attaching the signed contract and invoice, and giving 21 days to pay or respond with a genuine dispute.

The client does not reply within the deadline. The tradesperson then issues a small claims track claim, attaching a copy of the letter and proof it was sent (a delivery receipt) to show the court they followed the correct pre-action steps. Because the client was clearly given a fair opportunity to resolve things first, the tradesperson is in a stronger position on costs if the claim proceeds to judgment.

• Skipping the letter to save time.
• Even a strong claim can be penalised on costs if you never gave the other side a chance to resolve it first.
• Giving an unreasonably short deadline.
• A demand for payment within 48 hours may not be treated as a genuine attempt at pre-action resolution.
• Making threats or promises you cannot back up.
• Overstating your legal position in the letter can be used against you later if the matter is disputed.
• Not keeping proof of sending.
• Without evidence the letter was sent and received, you may struggle to show the court you met the pre-action expectations.

Frequently asked questions

Sources & further reading

• Practice Direction — Pre-Action Conduct and Protocols
• Pre-Action Protocol for Debt Claims
• Make a court claim for money

Getting ready to send a Letter Before Action?

Start My Claim helps you put together a clear, well-evidenced letter and prepare for what comes next.

Last reviewed: August 2026.

References checked against the Civil Procedure Rules Practice Direction on Pre-Action Conduct as in force on 5 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.