Most of the preparation in a case, whether as claimant or defendant, will need to be done before proceedings are issued. Pre-action protocols set out the steps which should be taken by both sides before litigation commences. The protocols require parties to provide full details of their case, to disclose documents voluntarily at an early stage (if not, the court may order a party to do so) and try and agree upon a joint witness where expert evidence is needed.

The way a party behaves before litigation will be taken into account as part of their track record in that case - this will be relevant to applications for extensions of time and to offers for costs.

Issuing proceedings prematurely - that is, before the parties have given each other sufficient information to enable settlement proposals to be made and considered - may well result in costs and interest sanctions being imposed on the defaulting party. It will also prevent a Claimant from taking full advantage of the system of offers to settle described below. There are exceptions where it is necessary to obtain urgent injunctive relief.