What is a Letter Before Action (LBA)?

A Letter Before Action (LBA) is a formal written notice used in the United Kingdom before a legal claim is started. It is usually the last written step before court proceedings begin.

The purpose of a Letter Before Action is to clearly inform the other party that a legal claim may follow. The letter explains that a dispute exists and that court action is being considered if the matter is not resolved. It creates a clear record that one party has formally raised the issue.

An LBA is also known as a Letter of Claim or Letter Before Claim. All terms describe the same type of document. In practice, “Letter Before Action” is the most commonly used expression.

The letter is part of the UK civil procedure system. It applies to many types of disputes, including unpaid invoices, contractual disagreements, and other civil claims. It is not a court document. It is a pre-court communication.

A Letter Before Action is written in a factual and structured way. It sets out the basic details of the claim in clear language. Its role is to formally place the issue on record before legal proceedings are started.

When is a Letter Before Action sent?

A Letter Before Action is sent before a claim is filed with a court. It comes at the end of the pre-court phase and directly before formal legal action.

The LBA is not the first contact between the parties. In most cases, earlier communication has already taken place. The Letter Before Action marks the point where the matter is treated as a potential court case.

The letter is sent once the claiming party is ready to move forward within the legal process. From a procedural point of view, it signals that the dispute has reached a formal stage.

In the UK system, the LBA sits between informal communication and the formal submission of a claim to court. It does not start a lawsuit on its own. It exists specifically in the period before court proceedings begin.

What role does the Letter Before Action play in the Pre-Action Protocol?

The Letter Before Action plays a central role in the Pre-Action Protocol system in the United Kingdom. The Pre-Action Protocols are official rules that apply before most civil court cases.

These protocols are part of the Civil Procedure Rules (CPR). Their purpose is to ensure that disputes are handled in a structured and transparent way before reaching court.

Within this framework, the Letter Before Action serves as the formal notice required by the protocols. It shows that the claiming party has followed the expected pre-court steps.

The LBA supports the goals of the Pre-Action Protocols, which include:

making both sides aware of the dispute,
clarifying the position of each party,
and setting a clear procedural baseline before court involvement.

Different types of claims may follow different Pre-Action Protocols. Despite these differences, the Letter Before Action is a common and recognised element across many protocols.

In short, the LBA is the document that formally connects a dispute to the UK pre-action legal framework.

What formal requirements and contents must a Letter Before Action meet?

A Letter Before Action must meet certain formal standards and include specific minimum information. These requirements ensure clarity and fairness in the pre-court process.

Formal requirements

A Letter Before Action is usually sent in written form. This can be done by post or electronically, depending on the situation. The letter must be clear, readable, and structured.

It should:

be clearly identified as a Letter Before Action or Letter of Claim,
be written in plain and understandable language,
and allow the recipient to understand the situation without additional documents.

Required contents

A typical Letter Before Action includes the following information:

the names and contact details of both parties,
a clear description of the issue or claim,
the legal basis of the claim, explained in simple terms,
the amount claimed, if the claim involves money,
a deadline for response,
and reference to the relevant Pre-Action Protocol, if applicable.

The letter should focus on facts rather than opinions. It should explain what the claim is about and what is being requested, without unnecessary detail.

The purpose of these requirements is not complexity. The aim is to make the claim understandable and properly documented before court action.

What happens if there is no response to a Letter Before Action?

If a Letter Before Action receives no response, the matter may proceed to the next stage of the legal process. In the UK, this usually means that court proceedings can be started.

From a procedural point of view, a lack of response does not stop a claim. The sending party can file a claim with the appropriate court once the response period stated in the letter has passed.

Courts may later take into account whether a Letter Before Action was sent and whether it was ignored. This consideration is part of how courts assess compliance with the Pre-Action Protocols.

A non-response does not automatically decide the outcome of a case. It does not mean that one side is right or wrong. It simply affects how the process continues.

In practical terms, no response to an LBA often marks the transition from the pre-court phase to formal legal proceedings.