Letters Before Action: Your Legal Rights, How They Work, and When You Should Send One

Alicia Borrill January 14, 2026

When a dispute arises, whether over an unpaid invoice, a broken contractual promise, or a refusal to engage, knowing how and when to escalate legal proceedings can make all the difference. In many cases, the most effective step you can take before escalating court proceedings is sending a Letter Before Action.

It is not simply a warning letter. It is a formal legal requirement in many cases, and a strategic tool that can significantly strengthen your position, protect your rights, and often resolve the dispute without the cost and risk of litigation.

In the video below and this article, we explain what an LBA is, why it matters, how it protects you, and when you should send one. No prizes for guessing when we recorded this!

What Is a Letter Before Action?

A Letter Before Action is a formal notification to the other party that you intend to start legal proceedings if the dispute is not resolved within a set timeframe. It sets out:

The background of the dispute
The legal basis of your claim
What you want the other party to do (e.g., pay, perform, stop doing something)
A deadline
A clear statement that court action will follow if they fail to respond

It is the final step before issuing a claim, and the final opportunity for the recipient to resolve the dispute before proceedings are started. The Courts expect parties to attempt early resolution wherever possible, and a properly drafted Letter Before Action forms an important part of that element.

Why Letters Before Action Matter

Letters Before Action are effective for several reasons, particularly in commercial and contractual disputes.

Firstly, they signal escalation. Informal emails, reminders, and phone calls are often ignored. An LBA makes it clear that the matters are beyond informal discussion and that legal consequences are now firmly on the table.

Secondly, they protect your position if the dispute reaches court. Judges expect parties to act reasonably and give the other party a fair opportunity to engage. Sending a letter before action demonstrates that you have done exactly that. Failing to send a LBA can, in some cases, result in criticism from the court or adverse cost consequences.

Thirdly, they often lead to early resolution. A well drafted LBA sets out the risks of non-compliance, imposes a clear deadline, and forces the recipient to make a decision. It frequently prompts payment, meaningful negotiation, or engagement from solicitors, all without the need to issue a claim.

What Should a Letter Before Action Include?

A strong LBA will normally contain:

Names and addresses of the parties
A clear summary of the facts
The legal basis for your claim
What you require the other party to do
How much is owed (if applicable)
Interest and compensation (where applicable)
A firm deadline for response
A warning that you will issue proceedings if they fail to respond
Any documents you are relying on

Well-drafted LBAs are concise, factual and professionally written. Emotional or aggressive language weakens impact and can backfire.

When Should You Send a Letter Before Action?

There is no ‘right’ moment, but an LBA is usually appropriate when informal attempts to resolve the issue have failed and you are prepared to escalate the matter if necessary.

It is commonly used where payment deadlines have passed, contractual obligations have not been met, or communication has broken down. It is also an important step where limitation periods are approaching or where pre-action protocols require formal notice before proceedings can be issued.

In many cases a LBA is also an effective way to trigger meaningful negotiation. Once the legal risks and consequences for non-compliance are clearly set out, parties are often more willing to engage constructively.

How Long Should You Give Someone to Respond?

This depends on the type of dispute:

Simple debt claims: 7–14 days
More complex contractual disputes: 14–30 days
Cases subject to formal Pre-Action Protocols: the protocol must be followed

Setting a reasonable deadline is essential, too short may appear unreasonable; too long undermines urgency.

What Happens After a Letter Before Action Is Sent?

Once an LBA is sent, several outcomes are possible. The recipient may pay, comply, propose a settlement dispute the claim, or request further information. In some cases, they may ignore it altogether. If the deadline passes without resolution, you are entitled to proceed with the next step, which may include issuing a claim through Money Claim Online, commencing County Court or High Court Proceedings, or pursuing enforcement options depending on the circumstances.

What Happens if you Do Not Send a Letter Before Action?

Failing to send a LBA before issuing proceedings can potentially weaken your position, regardless if you have a strong case or not. Courts in England and Wales expect parties to constructively engage and attempt to resolve disputes before litigation. If you issue a claim without first giving clear notice of your intention to do so, the court may take the view that you acted prematurely or unreasonably.

In practice, this can result in criticism from the court and result in delays in proceedings. In some cases, proceedings may be stayed while the parties are ordered to comply with pre-action requirements, increasing time and costs unnecessarily. Therefore, sending a properly drafted LBA is therefore not just good practice, but often a crucial step in protecting your position and ensuring that the court sees you as having acted fairly and proportionately.

What Happens if you Receive a Letter Before Action and Do Not Respond?

Ignoring a LBA is rarely a sensible strategy. A failure to respond within the stated timeframe is often taken as evidence that the recipient has shown they are not willing to engage, which can significantly strengthen the sender’s legal position in court. Judges still expect parties to respond to per-action correspondence, even where liability is disputed.

If no response is received, the sender is usually entitled to issue proceedings without further notice. This can lead to additional costs being claimed, a more aggressive litigation timetable and a loss of opportunity to resolve the dispute on more favourable terms. In some cases, neglecting to respond to a LBA at the pre-action stage can also undermine a party’s credibility or limit the arguments they can later rely upon. Therefore, seeking legal advice early is crucial in responding appropriately and can help manage risk and preserve options.

Should You Use a Solicitor to Send a Letter Before Action?

Professionally drafted Letters Before Action are often effective. They ensure compliance with procedural rules, reduce the risk of technical errors, and tend to be taken more seriously by the recipient.

Solicitors can also advise on the strength of your claim, the risks involved and the most appropriate strategy if the dispute continues based on your personal needs.

Conclusion

Sending a Letter Before Action at the right time, and in the right way, can be one of the most effective steps you take when a dispute arises. A properly drafted LBA can protect your legal position, encourage early resolution, and often avoid the cost, delay and uncertainty of court proceedings altogether.

The most appropriate approach will depend on the nature of the dispute, the relationship between the parties, the sums involved, the urgency of the situation, and whether any specific pre-action protocols apply. Getting the timing and content right is key to ensuring the letter has the intended impact and does not inadvertently weaken your position.

If you are considering sending a Letter Before Action, or if you have received one and are unsure how best to respond, our experienced dispute resolution solicitors would be happy to assist. We usually offer a no-cost, no-obligation 20-minute introductory call as a starting point. In some cases, where more detailed advice is required, we can also offer a one-hour fixed-fee appointment (charged from £250 plus VAT depending on the complexity of the issues and the seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.