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Pre-action claims: when they are mandatory and why they matter

How to prepare a sound pre-action position without undermining a future dispute.

A pre-action claim records the breach, demands and response period. In some categories of dispute, it is also a mandatory stage.

What to consider

  • Identify the contract, obligation and specific breach.
  • Provide a calculation of the amount and attach supporting documents.
  • State a realistic deadline and method of performance.
  • Keep proof of sending and receipt.

Practical steps

  1. Avoid contradictory demands.
  2. Do not include unsubstantiated accusations.
  3. Before sending, check whether the deadline for going to court is approaching.

Why a preliminary assessment matters

A legal position depends on documents, deadlines, the parties' conduct and the chosen remedy. General advice does not replace analysis of a particular situation. Before sending a pre-action claim, signing an agreement or going to court, assess the consequences of the proposed action.

This material is for information purposes. The scope and method of legal assistance are determined after document review.
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Discussing a situation covered by the article

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