Letter Before Action Template (Small Claims)

Letter Before Action Template (Small Claims)

A letter before action (LBA) is required before starting a small claims court case in England and Wales. This template meets the Pre-Action Protocol requirements.

Use this template when you intend to take someone to the small claims court (county court) in England or Wales and have not been able to resolve the dispute informally. A letter before action is required by the Pre-Action Protocol. You must allow the recipient a reasonable time to respond (usually 14 days) before filing a claim.

Is a letter before action legally required before I sue someone?

In most cases, yes. Courts in England and Wales expect claimants to follow the Practice Direction on Pre-Action Conduct, or a specific Pre-Action Protocol where one applies to your claim type (for example, the Debt Claims protocol normally gives an individual debtor 30 days to respond, not the general 14 days used for many other disputes). Check which protocol applies to your claim before setting a deadline.

What happens if I skip the letter before action?

The court can penalise you with costs even if you win, since failing to follow the Pre-Action Protocol is taken into account when the judge decides who pays legal costs.

Send this letter by post