Letter Before Action: What It Is, What to Include and a Template
Updated: Oct 10
A letter before action (LBA) is a formal letter sent to a person or business before you start court proceedings. It sets out the dispute, says what you want the other side to do and gives them a fixed time to respond. In many disputes it is the most important step you take before going to court.
Some people call it a letter before claim. The name varies, but the purpose is the same. You give the other side a last fair chance to settle the matter without a court claim. This guide explains what a letter before action is, what to include and what happens next. A template file is included further down.
Why a letter before action matters
A letter before action does several jobs at once. It is worth taking it seriously, even if the dispute looks simple.
It shows you tried to resolve the dispute
Courts in England and Wales expect the parties to try to settle before a claim is issued. The Practice Direction on Pre-Action Conduct sets out what is expected. A well-written letter is the usual proof that you did this.
It often resolves the dispute
Many disputes end after a letter arrives. The recipient may prefer to avoid the cost, time and risk of court. A clear and professional letter shows that you are serious and prepared.
It sets out your case
Writing the letter forces you to state your case clearly. It also tells the other side exactly what you say they have done wrong and what you want. That makes it harder for them to claim later that they did not understand the issue.
It protects you on costs
If the case does go to court, the judge can look at how each side behaved before the claim. A party that ignored the pre-action steps may face costs consequences. These can include paying more of the other side's legal costs, or losing some of the interest on a successful claim.
Are letters before action a legal requirement?
There is no single law that says every dispute needs one. Yet the Civil Procedure Rules expect it in practice. The rules say that before starting a claim, the parties should exchange information and try to settle. This is called pre-action conduct.
Some types of dispute have their own pre-action protocol. A protocol is a set of steps for a particular kind of case, for example professional negligence or personal injury. Where a protocol applies, follow it. Where none applies, the general Practice Direction on Pre-Action Conduct applies.
You can read the general rules on the Practice Direction on Pre-Action Conduct on the Ministry of Justice website.
What should a letter before action include?
An effective letter before action is clear, precise and professional. Keep the tone firm but polite. It usually includes the following parts.
1. Your details
Your full name and address.
If you write for a business, include the business name and address.
Your contact details, so the other side can reply.
2. The recipient's details
The full name and address of the person or business you write to.
If the recipient is a company, use its registered name and address. You can check these on Companies House.
3. A description of the issue
Explain the dispute in plain words. Give the key dates, amounts and events in order. State the facts first, then the legal basis for your claim, such as a breach of contract.
4. What you want
State what you expect the recipient to do. This might be to pay a debt, to complete work, to hand back property or to stop a particular activity. Be specific. If you want money, give the exact sum and say how you worked it out.
5. A deadline for response
Give a reasonable time to respond. The Practice Direction says the time should be reasonable. It suggests that 14 days is usually enough in a straightforward case, and up to 3 months in a very complex one. Some protocols set their own periods, and the debt protocol, for example, gives the debtor 30 days.
6. A warning of legal action
State clearly that you will start court proceedings if the matter is not resolved by the deadline. Mention that you may ask the court to order the other side to pay your costs and interest.
7. Supporting evidence
Attach the key documents. These might be contracts, invoices, emails or photographs. Do not send originals. Keep copies of everything you send.
8. An offer to talk or use ADR
The courts expect parties to consider alternative dispute resolution. Alternative dispute resolution, or ADR, includes mediation and other ways to settle without a trial. Say in the letter that you are willing to talk. The court can take into account an unreasonable refusal to try ADR.
Letter before action template
The file below is a starting point. It is not a substitute for advice on your own dispute. Adapt it to your facts and check every figure and date before you send it.
How to send a letter before action
Send it in a way that lets you prove delivery. Many people send it by email and also by recorded or tracked post. Keep proof of postage and delivery.
Keep a copy of the letter exactly as you sent it. Note the date and time. If the other side later says they never saw it, you can show what you did.
Consider marking the letter as open, not "without prejudice". An open letter can be shown to the court on the question of costs. For more on the difference, read our guide on without prejudice communications.
Letter before action for debt recovery
A letter before action is very common in debt recovery. If a customer owes you money, you usually write before you issue a claim.
If the debtor is an individual or a sole trader and you are a business, the Pre-Action Protocol for Debt Claims applies. It requires you to send certain information. This includes the amount owed, how it arose and details of how to pay. It also requires a reply form and information about where the debtor can get free debt advice. The debtor then has 30 days to respond. You can read the Pre-Action Protocol for Debt Claims for the exact requirements.
If both parties are businesses, the general Practice Direction applies instead. In that case, you may also be able to claim statutory interest and fixed compensation on late payment. The Late Payment of Commercial Debts (Interest) Act 1998 explains the rules. Check the current rates before you include a figure in your letter.
Example wording for a letter before action
The exact words depend on your dispute. The following shows the shape of a typical letter. Adapt it, and do not copy it blindly.
Opening: "I write about the unpaid invoice dated 1 March, for [amount]. This letter is a letter before action."
Facts: "On [date] we agreed to supply [goods or services]. We delivered them on [date]. You have not paid."
Demand: "Please pay [amount], plus interest, within 14 days of the date of this letter."
Warning: "If we do not receive payment by that date, we intend to start court proceedings without further notice. We will ask the court to order you to pay our costs."
ADR: "We are willing to consider mediation if you think that would help."
Closing: "Please reply to the contact details above. Enclosed are copies of the contract and the invoice."
Pre-action protocols for different types of dispute
Some disputes have their own protocol. The protocol decides what your letter must contain and how long the other side has to reply. Examples include protocols for personal injury, professional negligence, construction and engineering disputes, housing disrepair and debt claims. The Ministry of Justice lists them on its pre-action protocols page.
In construction disputes, for example, the protocol expects a detailed letter of claim and a full reply. It also expects a meeting between the parties. The purpose of any protocol is the same. It aims to encourage early settlement and to avoid unnecessary court action.
If no protocol fits your dispute, such as many ordinary contract disputes, the general Practice Direction applies. Whichever applies, the aim is to encourage both sides to share information early and to keep legal costs down.
Letter before action compared with other letters
People often confuse a letter before action with other documents. Here are the differences.
Reminder letter: a friendly nudge for late payment. It has no formal warning of court action.
Cease and desist letter: a demand to stop doing something, such as copying your work. It may be followed by a letter before action.
Statutory demand: a formal demand for a debt that can lead to insolvency action. It is a different process with its own rules.
Without prejudice offer: a private settlement offer that cannot normally be shown to the court.
A letter before action is the formal step that comes just before a court claim.
What if you receive a letter before action?
If a letter lands on your desk, do not ignore it. Silence can make matters worse. If the claim goes to court, the judge can see that you did not reply.
Read it carefully. Note the deadline and what is being asked.
Check the facts. Do you agree with the amounts and dates? Gather your own documents.
Keep everything. Do not delete emails or papers that relate to the dispute.
Reply in time. Even if you need longer, say so in writing and ask for an extension.
Consider settlement. Think about whether talks or mediation could end it early.
Get advice. A solicitor can tell you whether the claim is strong and how to respond.
A reply should say which parts you accept and which you dispute, and why. Give your own evidence. If you think the claim is wrong, say so politely and explain.
How the court uses a letter before action
When you start a claim, the court form asks about steps taken before it. Your letter, and the replies, are the proof. The judge can compare the conduct of both sides.
If one side acted unreasonably, the court may reduce or increase the costs it awards. It may also stay the case so the parties can try to settle. For small claims, the court may still ask whether you tried to settle first.
Frequently asked questions
Do I have to send a letter before action?
Not by law in every case. Yet the courts expect you to follow the pre-action steps. Skipping them risks costs penalties and delay.
How long should I give the recipient?
It depends on the case. A common period is 14 days for a simple dispute. A protocol may set a longer period. Choose a period that is fair for what you ask.
Can I write the letter myself?
Yes. Many people do, using a template. For higher-value or complex disputes, legal advice is wise.
Will the letter stop the limitation clock?
No. Only starting court proceedings does that. If the time limit is close, speak to a solicitor at once.
Common mistakes to avoid
Being aggressive. A hostile or threatening tone can backfire and may harm your position on costs.
Being vague. If the letter does not say what you want, the other side can say they did not understand.
Making false statements. Do not exaggerate the claim or the loss. State what you can prove.
Setting an unrealistic deadline. Too short a time can look unreasonable.
Leaving out the evidence. The recipient needs to see why you say you are owed.
Ignoring the limitation period. A letter does not stop time running. For most contract claims the usual limit is six years. Do not leave it too late.
What happens after you send the letter?
There are three usual outcomes.
The recipient pays or complies. The dispute ends. Keep a record of what was agreed.
The recipient replies and disputes it. You then consider their reasons. You might negotiate, try mediation or reply with more evidence.
The recipient does not reply. Once the deadline passes, you can start court proceedings. Note in your claim that you sent the letter and received no reply.
If the recipient wants more time, you can agree a short extension in writing. That can show reasonableness. Do not let it drift.
When to get a solicitor to help
You can write a letter before action yourself. For small or simple disputes this is often enough. A solicitor is worth considering when the amount is large, the facts are complicated or the other side has a lawyer. A solicitor's letter can also carry more weight with the recipient.
A lawyer can check that your claim is sound before you commit. They can also make sure the letter follows the right protocol and does not give away your position. For more, see our guides on breach of contract and business litigation.
If you need an urgent order to stop something happening, a letter before action may not be the right first step. Read about emergency injunctions if time is short.
Conclusion
A letter before action is a short document with a big job. It tells the other side what you claim, what you want and by when. It also shows the court that you acted reasonably. Write it clearly, support it with evidence and give a fair deadline.
CANKO Law Firm specializes in drafting effective Letters Before Action and providing comprehensive legal support throughout the litigation process. Our experienced legal team ensures your case is handled with the utmost professionalism and expertise.
