What to do if you receive a Letter Before Action
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What to do if you receive a Letter Before Action
A Letter Before Action, also known as a Letter Before Claim, is generally the first step required in contemplation of issuing a claim against another party. It outlines a potential claimant’s intention to commence legal proceedings in the event a dispute cannot be resolved.
What will be in a Letter Before Action
Under the Civil Procedure Rules, the Letter Before Action is an essential step as part of the Pre-Action Protocols. The court will expect parties to have exchanged sufficient information to allow for them to understand each other’s positions, enable decisions on the best outcome, consider Alternative Dispute Resolution and seek to resolve matters by avoiding court proceedings.
A Letter Before Action should set out the following:
- Summary of the facts and background;
- Legal Basis for the claim;
- A statement of what potential claim is seeking (damages or compensation for example).
Responding to a Letter Before Action
- Acknowledge Receipt – The Letter Before Action will provide you with a date to respond by. If you do not feel you will be able to finalise a response by this date or are seeking legal advice, it is best you respond detailing this to the potential claimant or their legal advisors and provide an indication of when you may be able to respond. If you think you can adhere to the proposed date, a simple acknowledgement confirming you are reviewing the letter and will respond in due course is positive way to demonstrate your proactive engagement with the process.
- Consider your position – you will need to evaluate the claim against you and any evidence provided. You may wish to do this with the assistance of solicitors.
- Provide a detailed and substantive response – Your response will need to set out your own position including where you disagree or any defence you may have. You should make sure to address the issues raised within the Letter Before Action in a clear and concise manner including providing any relevant supporting documentation.
- Consider Settlement or Alternative Dispute Resolution – You may wish to explore the possibility of settling the dispute without court intervention and seek to reach an agreement with your opponent.
Contact us
If you have received a Letter Before Action, Rix & Kay’s Dispute Resolution team would be more than happy to help you. We can help collate the details and draft a response, consider your position and guide you through the process and potential settlement options if you wish to avoid proceedings altogether. Please contact Louise Mackay via email on louisemackay@rixandkay.co.uk or by phone on 01273 766923
