A letter before claim should make the case intelligible.
Identify the parties, contract/transaction, concise chronology, legal complaint, key evidence, amount/remedy sought and a sensible response deadline. If a relevant pre-action protocol applies, follow it rather than relying on a generic template.
Do not bury the claim in correspondence.
A useful letter is not a 40-page re-run of every complaint email. Attach or identify decisive documents, explain how any sum is calculated and say what would settle the dispute. Reserve points that genuinely require later evidence rather than making unsupported allegations.
Show that ADR was considered.
The court expects parties to consider settlement and ADR. State any complaint, ombudsman, mediation or negotiation history where relevant and whether you remain willing to discuss resolution.
What a useful letter contains
- Identify the parties and correct legal entity.
- State the factual chronology concisely.
- Identify the legal basis of the claim.
- Explain breach/wrongdoing and link it to evidence.
- Set out the remedy and calculate any money claimed.
- List the decisive documents and request any missing documents needed to understand the response.
- Give a reasonable response period and identify the next step if unresolved.
Do not overstate the case
Avoid threats, accusations of fraud/dishonesty without proper evidence, or inflated heads of loss. A later judge may read the letter. It should demonstrate that you tried to explain and resolve the dispute, not merely that you were angry.
What the letter needs to accomplish
A letter before claim should make the proposed defendant understand the case they are being asked to answer. State who the parties are, the material chronology, the legal/factual basis of liability, the remedy required, the monetary calculation where relevant, the key documents and the date by which a response is requested under the applicable protocol or practice direction.
A long complaint history is not necessarily a good letter before claim. Remove peripheral correspondence and make the legal point testable.
Separate remedy from negotiation
State what you say the court could award, then separately decide whether you are willing to settle for something different. Mark genuinely without-prejudice settlement communications appropriately where you understand the consequences. Do not label the entire substantive letter “without prejudice” simply because it contains a demand.
Before pressing send
- check the correct legal entity and service address;
- verify limitation;
- use the correct protocol if one applies;
- number the core allegations or issues;
- attach or identify decisive documents;
- show how the financial figure is calculated; and
- keep proof of sending and a final copy.
Treat the response as evidence and narrow the issues.
If the defendant admits one part but disputes another, update the schedule and focus the proposed proceedings on what remains live. If it raises a new factual explanation, obtain the evidence needed to test it. The pre-action stage is not merely a countdown to issuing; it is a chance to avoid bringing issues the court does not need to decide.
Do not overstate the threat.
A pre-action letter can be firm without pretending that judgment, costs or enforcement are guaranteed. Avoid statements such as “the court will make you pay my legal fees” on an ordinary small claim or claims that failure to reply proves liability. Courts expect proportionate conduct, and knowingly false statements in documents prepared in anticipation of proceedings can have serious consequences.
Useful wording.
“If this matter cannot be resolved, I intend to consider issuing proceedings without further substantive notice after [date]. I remain willing to consider a proportionate proposal or ADR before issue.”
Use the correct pre-action protocol if one exists.
The general Practice Direction does not replace a specific pre-action protocol. Debt claims by businesses against individuals, personal injury, professional negligence and other categories can have dedicated protocols with different steps and timescales. Identify the type of claim before sending a generic letter before claim.
A letter before claim should enable the other side to understand and answer the case.
The Practice Direction on Pre-Action Conduct expects parties, where no specific protocol applies, to exchange sufficient information to understand each other’s position, make decisions about how to proceed, try to settle, consider ADR and support efficient case management. A letter that says only “pay me £5,000 or I will sue” usually does little to achieve that.
| Include | Purpose |
|---|---|
| Parties and relationship | Identifies who the proposed claim is against and why. |
| Concise chronology | Shows the material events without reproducing every complaint email. |
| Legal/factual basis | Explains what obligation you say was breached. |
| Remedy and calculation | Shows exactly what payment/action you seek and how figures are derived. |
| Key documents | Lets the recipient assess the claim. |
| Reasonable response deadline | Creates a clear next procedural step. |
| ADR invitation where appropriate | Shows genuine consideration of settlement. |
Official sources
Check the rules behind this guide
These are official or primary sources for this topic. Court rules and fees can change, so check the live source before issuing a claim or relying on a deadline.