Court proceedings should usually not come as a complete surprise to the other side. Before a claim is issued, parties are generally expected to exchange enough information to understand the dispute, consider settlement and identify the issues that genuinely require determination.
Start with the right protocol.
Some types of claims have a specific pre-action protocol. Where no specific protocol applies, the general pre-action principles remain important. The steps required will depend on the nature and complexity of the dispute.
Set out the claim clearly.
A letter before claim should usually identify the factual background, the basis of the complaint, the remedy sought and the key documents relied upon. It should be clear enough for the proposed Defendant to understand the case being advanced.
Give a reasonable opportunity to respond.
The other party should normally have an appropriate period to investigate and provide a substantive response. The correct timeframe depends upon the relevant protocol and circumstances.
Think about settlement.
Pre-action correspondence is not simply administrative. It is an opportunity to narrow issues, exchange documents and explore whether the dispute can be resolved without proceedings.
Why it matters.
The Court can take pre-action conduct into account when managing proceedings and considering costs. Good preparation before issue can also make the later litigation easier to manage.
