Legal Precedents

Claim No. [ enter claim reference ]...

ARCHIVED This Precedent is archived and is no longer maintained. This Precedent, together with any drafting notes, is intended for use in proceedings begun 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 ] Reply to Defence Jurisdiction The Claimant disputes paragraphs [ X ]–[ Y ] of the Defence, concerning the Court’s jurisdiction to adjudicate this matter, for the following...

ARCHIVED : This Precedent is archived and no longer updated. For guidance on preparing witness statements in interim applications, see Practice Note: How to draft a witness statement for an interim application. For guidance on strike out applications, see Practice Note: Strike out—making an application to strike out a statement of case. Submitted on behalf of the [ Claimant OR Defendant ] Witness statement of [ insert initial and surname of witness ] Witness statement number: [ insert number of witness statement in relation to the witness ] Exhibit particulars: [ insert initials and number of each exhibit referred to ] Date the statement was made: [ insert date ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]......

Dear [ client name ] [ insert reference ]—case management conference As you know, a case management conference ( CMC) has been listed for [ date ] in this matter. This correspondence provides further details about the purpose of the CMC and the preparation that will be expected from you. [ There is no legal duty for you to attend the CMC in person; however, it would be preferable if you are able to do so, as this will allow you to see first-hand the court’s approach to the case and enable us to take instructions from you if required. ] [ Where, as in this case, the proceedings are subject to costs budgeting, the court will often hear the CMC alongside the costs management conference and, together, these are described as a case and costs management conference or CCMC. The CCMC allows the court to...

Precedent R constitutes a costs precedent...

[ ON YOUR LETTERHEAD ] [ WITHOUT PREJUDICE SAVE AS TO COSTS ] [ Insert date ] [ Insert name and address of other party’s solicitor ] Dear [ insert contact name ] [ Insert subject of letter ] We refer to our open letter of [ today’s date OR [ insert date ] ]. As explained in that correspondence, both we and our client take the view that your client’s allegations against our client (as set out in your client’s letter dated [ insert date ] (the Letter of Claim)) are entirely without foundation and, if pursued before the court, would be rejected in full. In those circumstances, our client will seek to recover from your client all costs it has incurred in addressing this matter. Furthermore, in addition to seeking such costs from your client, should proceedings be issued against our client, our client will bring a...

[ ON YOUR LETTERHEAD ] WITHOUT PREJUDICE SAVE AS TO COSTS [ SUBJECT TO CONTRACT ] [ Insert date ] [ Insert name and address of other party’s solicitor ] Dear [ insert contact name ] [ Insert subject of letter ] We refer to our open letter of [ today’s date OR [ insert date ] ]. As explained in that correspondence, both we and our client remain assured that, were your client to commence proceedings in relation to the alleged claim described in your letter of claim dated [ insert date ] (the ‘ Letter of Claim’), our client would be entirely successful in resisting and defeating any such claim......

[ ON YOUR LETTERHEAD ] WITHOUT PREJUDICE SAVE AS TO COSTS [ SUBJECT TO CONTRACT ] [ Insert date ] [ Insert name and address of other party’s solicitor ] Dear [ insert contact name ] [ Insert subject of letter ] We write further to our open letter dated [ today’s date OR [ insert date ] ]. 1 As explained therein, both we and our client remain assured that our client will entirely succeed in resisting your client’s claim [ s ] against it, arising from the agreement between our respective clients dated [ insert date ] (the ‘ Agreement’), as described in your client’s claim [ insert claim action number ] and in the particulars of claim dated [ insert date of particulars of claim ] (together, ‘the Claim’)......

[ ON YOUR LETTERHEAD ] WITHOUT PREJUDICE SAVE AS TO COSTS [ SUBJECT TO CONTRACT ] [ Insert date ] [ Insert name and address of other party’s solicitor ] Dear [ insert contact name ] [ Insert subject of letter ] We refer to our open correspondence of [ today’s date OR [ insert date ] ]. Our client is satisfied that, were it to commence and pursue proceedings in relation to its claim (as described in our letter of claim dated [ insert date ] (the ‘ Letter of Claim’)), it would be entirely successful in [ insert details of the remedy sought, eg recovering payment of the outstanding invoices together with interest, payable under the Agreement as explained in our open letter ]. [ Our client also considers that your client’s threatened counterclaim, as set out in your letter dated [ insert date ] (the ‘...

[ ON YOUR LETTERHEAD ] WITHOUT PREJUDICE SAVE AS TO COSTS [ SUBJECT TO CONTRACT ] [ Insert date ] [ Insert name and address of other party’s solicitor ] Dear [ insert contact name ] [ Insert subject of letter ] We write further to our open correspondence of [ today’s date OR [ insert date ] ]. As outlined in that correspondence, both we and our client are satisfied that our client will achieve complete success in its claim[ s ] against your client, arising from the agreement between our clients dated [ insert date ] (the ‘ Agreement’). That position is advanced in claim [ insert claim action number ], and our client will [ insert details of the remedy sought, eg, recover payment of the unpaid invoices plus interest, pursuant to the agreement between our respective clients, as set out in our open letter ]. [ It is also our...

Extended Disclosure list of documents for the [ Claimant OR Defendant ] [ Provide details of the proceedings ] Date Document or [ Specify class of document ] Description 1. 2. 3. ......

[ Add details of proceedings ] Initial Disclosure list of documents for the [ Claimant OR Defendant ] Date Document or outline of category of documents Explanation ......

This template serves as a provisional ‘litigation hold’ or ‘document retention’ communication, intended for issue by a party (or would‑be party) to proceedings in the Business and Property Courts, where the Disclosure Scheme applies under CPR PD 57AD, para 4.2 and CPR PD 57AD, para 4.3. [ Insert name and address of recipient ] [ Insert date ] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [ insert recipient ] Document preservation notice—[ insert subject matter ] We contact you in relation to [ your current employment OR your previous employment OR your current professional relationship OR your previous professional relationship ] with [ insert name of the Company OR name of actual or prospective party to the proceedings ]. [ The Company OR name of actual or prospective party to the proceedings ] [ has recently OR is likely to ] be involved in legal proceedings (‘the...

[ Insert recipient’s name and address ] [ Insert date ] Dear [ insert recipient’s name ] [ Insert case name and claim number ] [ We represent the [ Claimant OR Defendant ] in this matter. ] Please find enclosed, for service, the [ Particulars of Claim OR Defence OR Defence and Counterclaim ], which [ has OR have ] also been lodged at court today [ together with a copy of this correspondence ]. As these proceedings fall within the disclosure scheme of the Business and Property Courts, the [ Claimant OR Defendant ] confirms that, in accordance with para 4.5 of Practice Direction 57AD of the Civil Procedure Rules (‘ CPR PD 57AD’), steps have been taken by the [ Claimant OR Defendant ], and by us as their legal representatives, to preserve relevant documents. [ We also enclose, by way of Initial Disclosure and in...

[ Insert recipient’s name and address ] [ Insert date ] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [ insert recipient’s name ] [ Insert case title and claim reference ] We [ are a firm of solicitors and ] represent [ name of client ], your [ former ] employer. We write further to [ our OR [ name of (former) employer ] ] letter dated [ insert date ] [ , a copy of which is enclosed for your ease of reference ]. In addition to [ the Company’s OR the organisation’s ] responsibility to retain any ‘documents’ that could be relevant to the proceedings, [ the Company OR the organisation ] must also, among other requirements, provide to its opponent[ s ] in the proceedings a variety of ‘documents’ pertinent to the dispute and, in particular, those that are or might be ‘adverse’ to its case......

This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas ( A) [ Insert details of the background to the dispute eg ‘ The Parties entered into a contract for the supply of certain goods etc ]. ( B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). ( C) [...

[ Date ] [ Client's name and address ] Dear [ insert client name ] Re: Injunctive relief I write to advise you regarding your intended application for an interim injunction against [ name of party ], sought in order to [ insert reason for and type of injunctive relief being sought ]. An injunction is a court order that compels a party to carry out a particular act (a mandatory injunction) or prevents a party from undertaking a particular act (a prohibitory injunction), either compelling performance or restraining conduct. The purpose of an interim injunction is to preserve the existing position and/or reduce potential unfairness ahead of a claim or issue being resolved. When deciding whether to grant such relief, the court will consider whether, among other matters: there is a serious issue to be tried; damages would probably be an adequate remedy for any loss that might be...

[ On the claimant’s solicitors’ letterheaded paper ] FAO [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert ] [ PROSPECTIVE CLAIMANT’ S NAME ]—claim for breach of duty against [ PROSPECTIVE DEFENDANT’ S NAME ] [ We refer to our letter dated [ insert date of previous correspondence, if any ]. ] [ As you are aware, we OR We ] act for [ insert client’s full name ] of [ insert full address ]. This correspondence constitutes our client’s letter of claim against [ you OR [ name of defendant ] OR arising from the breach of [ your OR their ] duties as a director of [ insert company name ] (the ‘ Company’). [ If you have OR [ name of defendant ] has ]...

This Agreement is entered into on the [ date ] of [ month and year ] between: 1 [ Name of Party ] of [ address ] (“the Discloser”) and 2 [ Name of Party ] of [ address ] (“the Recipient”). Recitals The Discloser claims legal professional privilege over each and every one of the Documents identified in the Schedule to this Agreement, and nothing contained in this Agreement shall reduce, limit, or otherwise affect the continuing force of that claim. By virtue of [ briefly state the nature of the common interest (“the Common Interest”) ], the Discloser shares a common interest with the Recipient and seeks to advance the Common Interest pursuant to this Agreement, whilst not waiving its legal professional privilege in the Documents. The Recipient acknowledges that the Discloser asserts, and will continue to assert, legal...

This Agreement is entered into on the [ date ] of [ month and year ] between: 1 [ Name of Party ] of [ address ] (“the Discloser”) and 2 [ Name of Party ] of [ address ] (“the Recipient”). Recitals The Discloser claims legal professional privilege over each and every one of the Documents set out in Schedule 1 to this Agreement, and nothing contained herein shall reduce, modify, or otherwise affect that continuing claim. The Discloser intends to divulge the Documents to the Recipient on the terms of this Agreement without waiving its legal professional privilege in the Documents as against any other person or party, and solely for the limited purpose of [ state the purpose of the disclosure to the Recipient without indicating any confidential information ]. The Recipient acknowledges that the Discloser asserts, and will...