Analysing a claim & pre-action conduct
Before issuing any claim a solicitor must analyse its merits, check limitation and comply with the pre-action rules. SQE1 tests whether you can assess a cause of action and advise on the pre-action steps required by the CPR.
What "Analysing a claim & pre-action conduct" covers
- Identify the cause of action, the correct parties and their capacity, the remedy sought and whether the claim is worth pursuing on the merits.
- Check limitation: six years for contract (s.5 LA 1980) and most torts (s.2), three years for personal injury (s.11), running from accrual or date of knowledge.
- Latent damage claims carry a three-year date-of-knowledge extension (s.14A) subject to a 15-year longstop (s.14B); the court has a discretion to disapply the PI limit (s.33).
- The Practice Direction on Pre-Action Conduct and any relevant Pre-Action Protocol require the parties to exchange information, a letter of claim and a reasoned response before proceedings.
- The pre-action stage requires the parties to consider ADR and to disclose key documents so the dispute can settle or narrow without litigation.
- Proceedings are 'brought' for limitation purposes when the claim form is issued by the court, not when it is later served.
- Non-compliance with a protocol is penalised through costs and interest sanctions or a stay, rather than by striking out the claim.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For analysing a claim & pre-action conduct, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Timing limitation from the wrong date — it runs from accrual of the cause of action (or knowledge in PI), not from issue of proceedings.
- Confusing the date proceedings are 'brought' (issue) with the date of service; issuing stops limitation running.
- Assuming protocol breach strikes out a claim — the sanctions are costs, interest and stays, not dismissal.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on analysing a claim & pre-action conduct.
FAQ
Is analysing a claim & pre-action conduct tested on SQE1?
Yes — analysing a claim & pre-action conduct is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.
How is analysing a claim & pre-action conduct examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.2 Limitation Act 1980, s.5 Limitation Act 1980) helps.