Documents

Letter before action

Also called: LBA, pre-action letter, letter of claim

A formal letter sent before starting court proceedings, setting out the claim and giving the other side a chance to resolve the dispute.

Definition

A letter before action (LBA) is a formal written notice sent to the intended defendant before issuing a court claim. It sets out the facts of the dispute, the legal basis of the claim, the remedy sought (usually a sum of money or a specific action), a deadline for response (typically 14 days for simple claims, 30 days for more complex matters), and a warning that court proceedings will follow if the deadline is not met. The Pre-Action Conduct and Protocols Practice Direction under the Civil Procedure Rules requires parties to have tried to resolve the dispute before issuing. Failure to send an LBA can result in cost penalties even if you win the case.

In practice

Send by first-class post and keep proof of posting. Also send by email to create a timestamped record. Do not mark the letter "without prejudice" — it needs to be an open communication that the court can see. State a specific amount owed, include any interest calculation, and give clear bank details for payment. Set the deadline as a calendar date, not just "14 days".

Related terms

Claim A formal request asking a court to order something, such as payment or the return of property. Notice A message that formally tells the other side something, such as a demand or the end of a contract. Limitation period The time the law allows for starting a claim. Once it ends, the claim can usually be defeated. Without prejudice A label put on settlement offers and negotiation letters so they cannot be shown to a court if talks break down. Court fee The amount paid to the court to issue or continue a claim.