Letter before action (UK): what it is and what to include

A 'letter before action' (LBA) — also called a 'letter of claim' — is the formal letter sent before issuing a county court claim. The Practice Direction on Pre-Action Conduct and Protocols expects the parties to exchange information before proceedings, with the letter setting out the claim clearly enough that the recipient can investigate and respond. A properly written LBA also sits alongside the parties' duty to consider Alternative Dispute Resolution.

When an LBA is appropriate

• After your earlier correspondence has gone unanswered or has been rejected.
• When the claim is reasonably specific — a debt, refund or quantifiable amount.
• When you genuinely intend to issue proceedings if the matter is not resolved.
• Before the relevant limitation period expires (typically six years for contract under the Limitation Act 1980).

What an LBA typically contains

1. Your full name and address (you must be identifiable as the prospective claimant).
2. The recipient's full legal name and (for businesses) registered office address.
3. A clear chronology of the dispute with dates and references.
4. The sum claimed and how it is calculated, including any contractual or statutory interest you intend to claim.
5. The legal basis — the specific statutes or contractual provisions you rely on.
6. A reasonable deadline for response (the Practice Direction does not set fixed periods, but 14 days for individuals and 30 days for businesses are common defaults).
7. Confirmation that the letter is sent in compliance with the Practice Direction on Pre-Action Conduct and Protocols.
8. An invitation to consider ADR and your willingness to engage with it.

Tone — formal and neutral

LBAs are read by the recipient's solicitors or compliance team. A neutral, structured, statute-referenced letter that engages with the recipient's likely defence tends to be taken seriously; an angry letter is easier to dismiss.

What can happen after you send it

• The recipient agrees, partially or fully, within the deadline.
• The recipient requests more time, proposes ADR, or proposes a settlement — under the Practice Direction the parties are expected to engage genuinely.
• The recipient ignores the letter or maintains its position. The next step would be to consider issuing a county court claim (e.g. via Money Claim Online), referencing the LBA in your Particulars of Claim.
• The recipient counter-claims or raises issues that change the picture — at which point the analysis often becomes too complex for a self-service letter and a solicitor's involvement is sensible.

Sending and proof of delivery

Royal Mail Signed-For 1st Class is a common default — it gives proof of posting and delivery. For business defendants, send to the registered office (which you can look up on Companies House), and consider also emailing a copy to a known address.

Drafting an LBA

An LBA can be drafted by you, by a solicitor (often £200–£500 in published price guides) or with a tool. Lettr provides a structured letter template based on your facts and the relevant Acts (£49 for the Letter Before Action tier). Whichever route you take, you remain responsible for reviewing the letter, ensuring it accurately reflects your situation, and deciding whether to send it.

This article is general information about UK law, not legal advice for your specific situation. For complex disputes, consult a solicitor or contact Citizens Advice.