What Is a Letter Before Action? When and How to Send One

A letter before action (LBA), also known as a "letter before claim," is a formal letter sent to someone you have a dispute with, warning them that you intend to take legal action unless the matter is resolved. It's a crucial step in the pre-action process and, in many cases, is required before you can start court proceedings.

This guide explains when you need a letter before action, what it should contain, and how to write one effectively.

Why Send a Letter Before Action?

Letters before action serve several important purposes:

It's often legally required. The Civil Procedure Rules include "pre-action protocols" for many types of dispute. These protocols require parties to exchange information and try to settle before issuing a claim. Failing to follow them can result in costs penalties later.

It shows you're serious. Many disputes are resolved once the other party realises you're prepared to go to court. A well-drafted LBA demonstrates that you understand your legal position and are committed to pursuing it.

It gives the other party a chance to respond. Courts expect parties to behave reasonably and attempt to resolve matters before litigation. An LBA gives the recipient an opportunity to pay, negotiate, or explain their position.

It documents your attempts to resolve the matter. If you do end up in court, you'll need to show that you followed proper procedure. Your LBA is evidence of this.

When Do You Need a Letter Before Action?

You should send an LBA before starting court proceedings in most civil disputes, including:

• Debt claims (money owed to you)
• Breach of contract
• Consumer disputes with businesses
• Housing disrepair claims against landlords
• Professional negligence claims
• Personal injury claims
• Disputes with utility companies, councils, or other organisations

What Should a Letter Before Action Include?

An effective LBA should contain the following elements:

1. Your Details and the Recipient's Details

Include your full name and address, and the correct name and address of the person or organisation you're writing to.

2. Clear Heading

Mark the letter clearly as a "Letter Before Action" or "Letter Before Claim" so there's no ambiguity about its purpose.

3. Summary of the Dispute

Briefly explain what the dispute is about. Include key dates, what happened, and what the other party did or failed to do.

4. The Legal Basis for Your Claim

Explain why you believe you have a legal claim. This might reference a contract, statutory rights, negligence, or other legal grounds. You don't need to cite specific laws, but you should make clear what you're alleging.

5. What You Want

State clearly what remedy you're seeking. This might be payment of a specific sum, repairs to be carried out, an apology, or other action. Be specific about amounts and include how you've calculated any financial claim.

6. A Reasonable Deadline

Give the recipient a deadline to respond. What's "reasonable" depends on the complexity of the matter, but 14 days is typical for straightforward disputes. Some pre-action protocols specify time limits.

7. Warning of Court Action

Make clear that if the matter isn't resolved by your deadline, you intend to issue court proceedings without further notice.

8. Mention of Costs

You can mention that if court proceedings become necessary, you'll seek to recover your legal costs from them.

Example Structure

A typical LBA might follow this structure:

1. Opening: State this is a Letter Before Action and reference any relevant account or reference numbers
2. Background: Explain the relationship and what led to the dispute
3. The problem: Detail what went wrong and when
4. Previous attempts to resolve: Mention any complaints or correspondence already sent
5. Your claim: State what you're entitled to and why
6. What you want: Specify the remedy you're seeking
7. Deadline: Give a reasonable timeframe to respond
8. Consequences: Warn of court action if not resolved

Tone and Language

An LBA should be:

Professional and formal. This is a legal document, not a chance to vent frustration. Avoid emotional language, insults, or threats beyond the legitimate warning of court action.

Clear and specific. Don't be vague. State exactly what happened, when, and what you want. Include figures, dates, and references.

Firm but measured. You're asserting your rights, but you should also appear reasonable. Courts look favourably on parties who've genuinely tried to resolve matters.

What Happens After You Send It?

After sending your LBA, several things might happen:

They pay or comply. The best outcome — the matter is resolved without court action.

They offer to negotiate. They might dispute some aspects but offer a settlement. Consider whether it's reasonable before accepting or rejecting.

They respond with their position. They might deny your claim or provide information that changes your understanding of the situation. Consider their response carefully.

They ignore it. If you receive no response by your deadline, you can proceed to issue a court claim. Their failure to engage may count against them later.

Common Mistakes to Avoid

Being too vague. "You owe me money" isn't enough. Specify the amount, what it's for, and how you calculated it.

Setting unrealistic deadlines. Giving someone 48 hours to respond to a complex dispute may appear unreasonable. Courts expect proportionate timeframes.

Threatening action you can't take. Don't threaten criminal prosecution if it's a civil matter, or claim you'll report them to regulators unless that's actually relevant and appropriate.

Sending it to the wrong place. Make sure you have the correct legal entity and address. A letter to "the manager" at a shop won't properly notify a limited company.