This note sets out the most important considerations for a solicitor advising a potential claimant at the pre-action stage of litigation. It addresses each of the points you need to consider before issuing proceedings, including jurisdiction and governing law, limitation, gathering information about your client and its opponent, complying with the Practice Direction on Pre-Action Conduct and Protocols and any specific pre-action protocols, as well as drafting and sending a letter before claim, giving preliminary advice on the merits, costs and costs recovery, litigation procedure, and strategic considerations.

Advising a prospective defendant is dealt with in Practice note, Advising a prospective defendant pre-action.