Category: Claims handling · Reviewed by Jake Leat, Associate Director · Last reviewed 2026-06-11
A pre-action protocol is a set of CPR-mandated steps the parties to a potential dispute are expected to take before issuing court proceedings — including disclosure, exchange of expert evidence, and engagement with ADR.
Pre-action protocols are designed to ensure that the parties have explored settlement, identified the issues and considered ADR before incurring the cost of formal litigation. The Practice Direction on Pre-Action Conduct and Protocols sets the general framework; specific protocols apply to particular types of dispute (professional negligence, construction, personal injury, debt recovery, defamation, judicial review, housing disrepair, low-value RTA and EL/PL).
For insurance claims, the relevant protocols depend on the underlying dispute type. PI claims against insureds typically engage the Professional Negligence Pre-Action Protocol; bodily injury claims engage the appropriate PI protocol; construction-related claims engage the TCC pre-action protocol.
The framework includes:
For the Professional Negligence Pre-Action Protocol specifically, the structure runs:
The cost sanctions for non-compliance can be significant: an adverse costs order, costs on the indemnity basis, or limited costs awards even for the successful party.
Pre-action engagement is now a substantial part of the claim lifecycle in many disputes. For PI claims handled by an insurer:
The letter of claim is received by the insured (typically a solicitors firm, surveyors firm, IFA or other professional). The insured notifies the insurer. The insurer instructs the panel firm. The panel firm:
The letter of response sets out the insured’s position on each allegation — admitted, denied, neither admitted nor denied. It typically includes:
The protocol cycle then continues with further exchanges of evidence, expert reports, narrowing of issues and (in most cases) a mediation or JSM. Proceedings are issued only if the parties cannot resolve through pre-action engagement.
The protocol disciplines work in both directions. The claimant cannot rush to issue proceedings without complying. The defendant cannot stonewall or delay. Either party’s non-compliance becomes a costs issue later.
For insurers, the pre-action stage is operationally critical. Most claims either settle at the pre-action stage or have their settlement architecture established by the engagement. The insurer’s investment at this stage typically returns multiples in either reduced overall claim cost or accelerated resolution.
“Personal Injury Pre-Action Protocol” — for general PI claims above the low-value threshold.
“Low Value Personal Injury Claims in Road Traffic Accidents Protocol” — for RTA claims below £25,000.
“Low Value Personal Injury (Employers’ Liability and Public Liability) Claims Protocol” — for low-value EL/PL claims.
“Professional Negligence Pre-Action Protocol” — for negligence claims against professionals including solicitors, accountants, surveyors, IFAs.
“Construction and Engineering Pre-Action Protocol” — for TCC-jurisdiction disputes.
“Defamation Pre-Action Protocol” — for defamation claims.
“Judicial Review Pre-Action Protocol” — for JR proceedings.
A claimant solicitor receives instructions to pursue a £750,000 claim against a defendant surveyor for negligent valuation. The Professional Negligence Pre-Action Protocol applies. Timeline:
No proceedings issued. Pre-action engagement cost approximately £85,000 (defence side). The cost of litigation to a similar outcome would have been £350,000+. The discipline of the protocol drove cost-efficient resolution.
By Matt Bartlett, Director, on 2026-06-11. Next review: 2026-12-11.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Apex Insurance Brokers Limited, FCA FRN 724952, Companies House 07014570. Not regulated advice — consult your broker on your specific position.
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