Atlas Claims InsightsPublished 9 October 2026 · Reviewed 14 October 2026 · 5 min readKey takeaways
- Courts in England and Wales expect a letter before action before most claims are issued.
- It should set out the claim, the amount, how it is calculated and a reasonable deadline to respond.
- Debt claims against sole traders follow the Pre-Action Protocol for Debt Claims; company-to-company claims follow the Practice Direction on Pre-Action Conduct.
- A well-prepared letter often settles the matter without proceedings.
Before starting most claims in England and Wales, a party is expected to send a letter before action (sometimes called a letter before claim). It is the last formal step before proceedings, and a well-prepared letter often resolves the dispute without them.
Which rules apply?
- Company to company: the Practice Direction on Pre-Action Conduct and Protocols applies, unless a specific protocol covers the claim.
- Business claiming a debt from an individual, including a sole trader: the Pre-Action Protocol for Debt Claims applies, with more detailed requirements and response periods.
- Specialist sectors: some areas, such as construction, have their own protocols.
What a good letter contains
- A concise summary of the facts and the basis of the claim.
- The amount claimed and how it is calculated, including interest and compensation.
- Copies of, or references to, the key documents.
- A reasonable deadline to respond, commonly 14 days for straightforward matters and longer for complex ones.
- An invitation to consider settlement or alternative dispute resolution.
- A clear statement that proceedings may be issued if the matter is not resolved.
Common mistakes
- Overstating the claim or adding charges without a contractual or legal basis.
- Threats that cannot or will not be carried out.
- Unrealistic deadlines that a court would regard as unreasonable.
- Mixing without prejudice offers into an open letter.
Why it matters
Courts can take pre-action conduct into account when deciding costs. A clear, fair and well-supported letter protects your position, and puts the pressure where it belongs.
Our role: we prepare the claim, the calculation and the commercial strategy. Where a formal letter before action is sent in contemplation of proceedings, we coordinate it with independent solicitors so that the next step is ready if needed.
Quick answers
Do I need to send a letter before action?
In most cases, yes. Courts in England and Wales expect pre-action correspondence before proceedings are issued and may penalise a failure in costs.
How long should I give the other side to reply?
Commonly 14 days for straightforward matters, longer for complex ones; the Pre-Action Protocol for Debt Claims sets 30 days where it applies.
Need help with a specific matter? Send us the documents for a free, confidential review, or message us on WhatsApp at any hour on +44 7429 535705. Start a case review.
This guide is general information about the law of England and Wales as at October 2026. It is not legal advice and may not cover your situation. Atlas Claims is not a law firm; for advice on your legal rights or on litigation, consult a qualified solicitor.
