A Guide to Pre-Action Protocol Letters for Litigants in Person

When you're involved in a legal dispute, taking the right steps before initiating court proceedings is crucial. One of these steps is sending a Pre-Action Protocol Letter, also known as a "Letter Before Action" or "Letter of Claim." This guide aims to help Litigants in Person (LiPs)—individuals representing themselves without legal counsel—understand and prepare a Pre-Action Protocol Letter in compliance with the Civil Procedure Rules (CPR) of England and Wales.

What Is a Pre-Action Protocol Letter?

A Pre-Action Protocol Letter is a formal letter sent by the claimant to the defendant outlining the basis of the claim, the remedies sought, and giving the defendant an opportunity to respond before court proceedings are initiated. This step is part of the Pre-Action Protocols set out in the CPR, which encourage parties to resolve disputes without litigation, saving time and costs.

Why Is It Important?

• Legal Requirement: Complying with Pre-Action Protocols is mandatory. Failure to do so can result in penalties, including adverse cost orders.
• Resolution Opportunity: It provides a chance to settle the dispute amicably without court intervention.
• Clarity: Helps both parties understand the issues and the evidence, facilitating a fair process.

General Principles

• Be Clear and Concise: State your case logically and provide necessary details without unnecessary jargon.
• Stay Objective: Focus on facts and avoid emotional language.
• Provide Evidence: Attach relevant documents that support your claim.
• Set a Reasonable Deadline: Give the defendant a fair amount of time to respond, typically 14 days.
• Consider Alternative Dispute Resolution (ADR): Express willingness to engage in mediation or negotiation.

Steps to Prepare a Pre-Action Protocol Letter

1. Identify the Relevant Pre-Action Protocol

Different types of claims have specific protocols, such as:

• Professional Negligence
• Debt Claims
• Possession Claims Based on Rent Arrears
• Construction and Engineering Disputes

If there's no specific protocol for your type of claim, follow the Practice Direction – Pre-Action Conduct and Protocols.

2. Structure of the Letter

A well-structured letter should include:

• Your Details: Name, address, contact information.
• Defendant's Details: Full name, address, and any reference numbers.
• Date and Method of Sending: Indicate how the letter is being sent (e.g., registered post, email).
• Heading: Clearly state that it is a "Pre-Action Protocol Letter Before Claim."
• Introduction: Briefly explain the purpose of the letter.
• Summary of the Claim:Background: Key facts in chronological order.
• Legal Basis: The laws or contractual terms breached.
• What You Want:Remedies Sought: Compensation amount, specific actions, or both.
• Response Deadline: Specify a reasonable date for a response.
• Alternative Dispute Resolution (ADR): Suggest mediation or negotiation.
• Consequences of Non-Compliance: State that you may initiate court proceedings if there's no satisfactory response.
• Closing: Use a formal sign-off like "Yours faithfully."
• Enclosures: List of documents attached.

3. Drafting the Letter

Your Details

[Your Name] 
[Your Address] 
[City] 
[Postal Code] 
[Email Address] 
[Telephone Number]        

Defendant's Details

[Defendant's Name]
[Defendant's Address]
[City] [Postal Code]        

Date and Method of Sending

[Date]

BY REGISTERED POST AND EMAIL
        

Heading

PRE-ACTION PROTOCOL LETTER BEFORE CLAIM        

Introduction

Begin by stating:

Dear [Defendant's Name], RE: NOTICE OF INTENDED LEGAL PROCEEDINGS        

Summary of the Claim

Provide a detailed account:

• Background: Outline the events leading to the dispute.
• Legal Basis: Mention the laws or contractual terms you believe have been breached.

What You Want

State your demands clearly:

• Remedies Sought:

Response Deadline

Set a reasonable timeframe:

Please provide a full written response by 5:00 PM on [Date 14 days from the date of the letter].        

Alternative Dispute Resolution (ADR)

Express openness to resolve the matter amicably:

In accordance with the Civil Procedure Rules, I am willing to consider Alternative Dispute Resolution (ADR), such as mediation, to settle this dispute without court proceedings.        

Consequences of Non-Compliance

Outline the next steps:

If I do not receive a satisfactory response by the specified date, I intend to commence legal proceedings without further notice        

Closing

Yours faithfully, 

[Your Signature] 
[Your Name]        

Enclosures

List any documents you're attaching:

Enclosures: 
1. Copy of the contract dated [Date]. 
2. Copies of relevant correspondence. 
3. [Any other supporting documents].        

4. Attach Supporting Documents

Include copies (not originals) of relevant documents, such as:

• Contracts or agreements.
• Correspondence (emails, letters).
• Receipts or invoices.
• Photographs or other evidence.

5. Send the Letter

• Method: Use registered post to ensure proof of delivery. You may also send a copy via email.
• Keep Records: Retain copies of the letter, enclosures, and proof of postage.

After Sending the Letter

• Await Response: The defendant may accept your claim, propose a settlement, or dispute it.
• Negotiate if Possible: Engage in discussions to resolve the matter amicably.
• Prepare for Litigation: If the dispute isn't resolved, you may proceed to file a claim in court.

Tips for Litigants in Person

• Understand the Law: Familiarise yourself with the legal principles relevant to your case.
• Stay Organised: Keep all documents and correspondence well-organised.
• Be Professional: Maintain a formal tone in all communications.
• Seek Advice if Needed: Consider consulting a legal professional for guidance, even if you plan to represent yourself.

Resources

• Civil Procedure Rules (CPR): Justice.gov.uk
• Citizens Advice: Offers free, confidential information and advice.
• Law Centres: Provide free legal assistance to those who cannot afford it.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and procedures may change, and it is advisable to consult a qualified legal professional for advice specific to your situation.