What to do in the first 48 hours after a letter before action
A claim letter starts a clock. A short checklist for preserving documents, protecting privilege and keeping your options open.
Receiving a formal claim letter is stressful, but the first two days are rarely the time for a full response. They are the time to protect your position.
Preserve documents
Suspend any routine deletion of emails and files that could relate to the dispute. Courts take a dim view of evidence that disappears after a claim is made.
Limit internal discussion
Internal messages about the claim may have to be disclosed later. Keep the circle small and route discussion through your lawyers where you can.
Note the deadlines
- The response date in the letter.
- Any contractual notice periods.
- Insurance notification requirements.
With those three steps done, you can take advice and respond on your own timetable rather than the other side's.
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