Legal Precedents

Dear [ insert name of authorised recipient on behalf of counterparty ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] 1 Further to our letter dated [ insert date ] (the breach notice), we write in connection with the [ insert agreement name ] dated [ insert date ] (the Agreement) entered into between [ insert client name ] (our client) and [ insert counter-party name ] ([ insert counter-party short name ])......

Private, confidential & PRIVILEGED [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Your obligations in the disclosure process Thank you for your instructions in this matter. [ This letter sits alongside our retainer letter OR Our retainer letter will be sent separately ]. [ The purpose of this letter is to inform you that OR As we have already discussed, ] you are under a duty to the court to identify every document relevant to this case and to supply them to your opponent. This stage is known as “disclosure”. It is a fundamental part of litigation, and we therefore need to begin preparing without delay. As your legal representative, I must not only set out the nature and extent of your obligations, but also oversee the exercise to ensure you make a full and proper...

Without prejudice, save as to costs [ Sir OR Madam ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] We refer to our [ open ] correspondence [ of today’s date ] (the termination notice) concerning the [ insert agreement name ] dated [ insert date ] (the Agreement) between [ insert client name ] (our client) and [ insert counter-party name ] ([ insert counter-party short name ]). As explained in the termination notice, our client brought the Agreement to an end [ in accordance with Clause [ insert number ] OR by accepting [ insert counter-party short name ]’s repudiation of the Agreement ]. The termination ensued from [ insert counter-party short name ]’s breach of the Agreement, as set out in [ our earlier letter dated [ insert date ] (breach notice) and ] the...

[ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ State division ] [ Identify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] BETWEEN: [ insert name ] Claimant and [ insert name ] Defendant _____________________________________ [ Draft ] particulars of claim _____________________________________ At all relevant times: The Claimant was, and continues to be, [ describe the Claimant and the nature of their business ]. The Defendant was, and continues to be, [ describe the Defendant and their business (where appropriate) ]......

[ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Explaining the disclosure process and your obligations Thank you for instructing us in relation to [ insert matter name / details ]. [ This letter accompanies our retainer OR Our retainer will follow under separate cover ]. It [ has been confirmed OR is likely OR is possible ] that your dispute with [ describe other parties ] will be determined in the Business and Property Courts [ if it proceeds to formal litigation ]. This letter explains what disclosure under the Disclosure Scheme ( DS ) in the Business and Property Courts involves, and what you must know about the procedure. The DS seeks a fundamental cultural shift in the approach to disclosure in civil litigation. So, even if you have handled...

IN THE COURT OF SESSION [ indicate any specialist procedure used, e.g. Commercial action ] Case reference [ insert case reference ] in the cause OR SHERIFFDOM OF [ insert location ] At [ insert location ] Case reference [ insert case reference ] Between [ insert name and designation ] [ Pursuer OR Petitioner OR other ] and [ insert name and designation ] [ Defender OR Respondent OR other ] WITNESS STATEMENT OF [ insert full name of witness ] My name is [ insert name ]. [ I am [ insert age ] years of age. ] [ My address is [ insert address ]. ] [ Briefly describe the capacity in which this statement is provided, e.g. I am the Pursuer, or an employee of the Pursuer, etc ]. [ HEADING] [ Sub-heading] [ Present the witness’s evidence in this and the...

Claim No. [ enter claim number ]....

ARCHIVED: This Precedent is archived and is no longer supported. For help with preparing a draft order for an interim application, refer to Practice Note: Creating a draft order for an interim application. Claim No. [ insert claim number ]......

Dear [ insert name of authorised recipient on behalf of counterparty ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] [ As you are aware, we OR We ] represent [ insert client name ] (our client). Our client and [ insert counter-party name ] ([ insert short name ]) entered into a [ insert agreement name ] dated [ insert date ] (the Agreement). We are instructed that [ insert counter-party short name ] is in breach of the Agreement for not remitting £[ insert amount ] (the Debt) to our client by [ insert due date ], as stipulated in clause [ insert number ]......

Standard CFA (success fee and costs insurance premium not recoverable inter partes) We have explored several ways to fund your costs, including: legal expenses insurance, e.g. under your home or car insurance through a trade union or other membership organisation via a third-party funding arrangement through legal aid [any other method you may have discussed] As none of these routes is available or appropriate, we have agreed to act for you on a no-win-no-fee basis. This is a conditional fee agreement ( CFA), and we have enclosed the agreement with this letter. We are satisfied that this CFA suits your needs and serves your best interests. Key features of no-win-no-fee The table below sets out what you would be responsible for if you succeed, and whether those sums can be recovered from your opponent. Our base costs, which depend on the time spent on...

Submitted on behalf of the Respondent/ Defendant [ insert initials and surname of deponent ] Affidavit number: [ insert the sequence of this affidavit for that deponent, e.g. first ] Exhibits: [ insert identifying initials and the number of each exhibit mentioned ] Date: [ insert date sworn or affirmed ] Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY ] Between: [ insert name ] Applicant/ Claimant and [ insert name ] Respondent/ Defendant [ insert number of affidavit, e.g. FIRST ] AFFIDAVIT of [ insert full name of deponent ] [ On behalf of the Respondent/ Defendant ] I, [ insert full name of deponent ], [ [ insert job title ] at [ insert name of...

IN THE HIGH COURT OF JUSTICE [ Chancery OR King’s Bench ] SENIOR COURT COSTS OFFICE [ insert location ] District Registry ] Claim Number [ insert claim number ] [ insert name ] Claimant and [ insert name ]......

Dear [ insert name of authorised representative of the counter-party ], [ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] [ As you are aware, we OR We ] represent [ insert client name ] (our client). Our client and [ insert counter-party name ] ([ insert short name ]) are bound by a [ insert agreement name ] dated [ insert date ] (the Agreement). We are advised that [ insert counter-party short name ] is in breach of the Agreement by [ failing to ] [ insert description of breach ], in contravention of Clause [ insert number ]. [ Time is of the essence regarding the performance of [ insert counter-party short name ]’s obligations under Clause [ insert number ], pursuant to Clause [ insert number ].]......

ARCHIVED: This Precedent is archived and no longer maintained. It, together with its drafting notes, is intended for proceedings issued in the courts of England and Wales on or before 31 December 2020, where the transitional jurisdiction provisions in Articles 67 or 69 of the Withdrawal Agreement are satisfied. Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between [ Party A ] Claimant and [ Party B ] Defendant Defence Introduction For the reasons set out below, the Court has no jurisdiction to determine this claim. ......

[ Insert name and address of witness ][ Insert date ] Dear [ insert name of witness ], [ Insert title of litigation ] I enclose the final draft of the witness statement you have agreed to provide in relation to your factual evidence on the matters in dispute in the claim [ made by/brought against ] [ name of party ] in the litigation involving [ name of opposing parties ]. You have confirmed that the contents of your witness statement are true. Please review the contents of the witness statement once again, and sign the statement of truth at the end of the witness statement to affirm that you believe the matters set out in the witness statement are true. This is required for all witness statements that must be filed at court......

Case Information Name: [ insert ] Witness statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ] [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] OR [ Identify division ] [ Identify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between [ Insert party ] [ Claimant OR Applicant OR Respondent ] and [ Insert party ] [ Defendant OR Applicant OR Respondent ] WITNESS STATEMENT OF [ Insert name of witness ] ON BEHALF OF THE [ Claimant/ Defendant ] I, [ name ], of [ address ], say as...

[ BEFORE THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] ] ] [ State division ] [ Designate specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT IN [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Parties: [ insert name ] Claimant and......

Lodged on behalf of the [ insert party eg Claimant or Defendant ] Witness statement number: [ insert eg first ] Date: [ insert date ] [ Translation date: [ insert date ] ] Exhibits: [ insert number ] to [ insert number ] Claim No.: [ insert claim number ] IN THE [ COURT ] BETWEEN [ Insert claimant’s name ] Claimant AND [ Insert defendant’s name ] Defendant WITNESS STATEMENT OF [ NAME ] I, [ FULL NAME ] of [ ADDRESS ], state as follows: I provide this witness statement to support the [ claimant’s OR defendant’s ] request to inspect documents pursuant to CPR 31.3 and CPR 31.19(5)......

BEFORE THE [ COURT ] Claim number: [ insert claim number ] Between [ Insert claimant’s name ] ( Claimant) and [ Insert defendant’s name ] ( Defendant) DRAFT ORDER Upon hearing from [ Counsel for the Claimant ] and from [ Counsel for the Defendant ], the Court orders as follows: By no later than [ insert time and date ], the [ Claimant OR Defendant ] must either supply the [ Claimant’s OR Defendant’s ] solicitors with copies of, or enable the [ Claimant OR Defendant ] to inspect, the following documents or categories of documents: [ IDENTIFY THE DOCUMENTS WITH AS MUCH PRECISION AS POSSIBLE ] The [ Claimant OR Defendant ] shall pay the [ Claimant’s OR Defendant’s ] costs of, and arising from, this...

Note: This model claimant Part 36 offer letter does not address CPR 36 rules that apply solely to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). Private & confidential [ Insert name and address of addressee ] [ Insert date ] Dear [ insert name of client—claimant ] [ Insert case heading ] As discussed, I have received a settlement proposal made under ‘ Part 36’ from [ insert name of defendant ], and I enclose a copy for your attention. This letter is intended to assist you in deciding whether to accept the proposal; accordingly, I outline what a Part 36 offer is, what the defendant has put forward, and the potential consequences of accepting or...