Legal Precedents

[ insert name of agreement ]: [ insert client name ] and [ insert counter-party name ] Dear [ insert name of authorised representative of the counter-party ], As you know, we represent [ insert client name ] (our client). Our client and [ insert counter-party name ] ([ insert short name ]) are signatories to a [ insert agreement name ] dated [ insert date ] (the Agreement). We are advised that [ insert counter-party short name ] has breached the Agreement by [ failing to ] [ insert description of breach ], in contravention of Clause [ insert number ]......

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 act ] for [ insert client name ] ( our client ). Our client and [ insert counter-party name ] ([ insert short name ]) are parties to a [ insert agreement name ] dated [ insert date ] ( Agreement ). We are informed 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 ]......

Private & confidential [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Thank you for instructing us in this matter. [ This letter encloses our retainer OR Our retainer will be sent under separate cover ]. [ I write to confirm our conversation [ on [ date ] ] regarding disclosure. ] Your [ [ claim OR case ] ] [ [ has been OR is expected to be ] ] placed on the small claims track. Upon allocation, the court [ has issued OR will issue ] standard case management directions setting out the procedural steps required to bring this matter to a final hearing. One such direction is that you must provide copies of all documents on which you intend to rely at the final hearing. This step is known as...

This template memorandum should be read and, if suitable, sent together with the relevant template letter to your client regarding disclosure: Draft letter to client about disclosure—small claims track Draft letter to client about disclosure Confidential and privileged [ insert date ] [ insert addressees: [ insert addressees: senior managers/relevant employees and former employees/ IT managers ] ] [ [ insert case heading ] OR [ description of the case if pre-action ] ] [ [ We ] OR [ the company ] ] may encounter a legal dispute in relation to [ insert matter/transaction subject of dispute ]. If the dispute is not brought to a conclusion, it is probable that we will be required to disclose relevant documents, including electronic records, that are or have been within [ [ our ] OR [ the company’s ] ] control, whether or not they support our case. That...

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 before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ] dated: [ insert date ] between: [ insert name ] Claimant and [ insert name ] Defendant ] _______________________________________ [ Draft ]...

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 The County Court at [ insert location ] Business and Property Courts List Before [ The Honourable Mr or Mrs Justice OR His or Her Honour Judge OR Master OR District Judge ] [ insert name ] Dated: [ insert date ] Between: [ insert name of Claimant ] Claimant And: [ insert name of Defendant ] Defendant [ Draft ] Multi-track standard directions Warning: you must adhere to the obligations set by this order; failing to do so may lead to your case being struck out or another penalty being...

Claim No. [ enter claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ enter location ] ] ] [ State division ] [ State specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ enter location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Between: [ enter name ] Claimant and [ enter name ] Defendant Draft directions order Warning: you must fully comply with the requirements set out in this order; otherwise your case is liable to be struck out, or another sanction imposed upon you. If compliance is not possible, you should promptly make a formal application to the court, without delay, before any specified deadline duly expires......

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 The County Court at [ insert location ] Business and Property Courts List Before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ]; dated: [ insert date ]. Between: [ insert Claimant’s name ] ( Claimant) and [ insert Defendant’s name ] ( Defendant). [ Draft ] multi-track standard directions Warning: you must adhere to the obligations set out in this order; failure to do so may result in the claim being struck out or another sanction being...

A costs budget is required to follow Precedent H, attached to CPR PD 3D, unless the court directs otherwise. It should be presented in landscape orientation, using a readable typeface throughout. These obligations are prescribed by CPR PD 3D, paragraph 4(a), and must be observed......

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: [ insert name ] Claimant and [ insert name ] Defendant [ Draft ] Fast track standard directions Further statements of case The [ claimant OR defendant OR other party ] shall lodge a [ name of statement of case ] and, by no later than [ time and calendar date ], serve a copy on the [ claimant OR defendant OR other party ]. Requests for further information Any request seeking clarification or additional information arising from another party’s statement of case must be...

ARCHIVED [ insert name and address of defendant or defendant's legal representative ] [ insert date ] Without prejudice—save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant — Case number ] We write regarding the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Whilst our client remains satisfied it is entitled to [ insert brief nature/details of dispute ], owing to [ insert explanation as appropriate ] we are instructed to advance an offer pursuant to Part 36 of the CPR (‘the Offer’). To avoid any doubt, the Offer is made with the intention that the consequences set out in Section I of Part 36 will apply. OR Our client wishes to conclude this matter on an amicable basis, and we are instructed to put forward an offer under Part 36 of the CPR...

ARCHIVED Private & confidential [ insert name and address of client ] [ insert date ] Dear [ insert name of your client ] [ insert the case heading/description of the case if pre-action ] Settlement offers ( Part 36 offer) We have been reviewing how best to resolve this matter by agreement and the range of mechanisms available to achieve that outcome. [ You may recall that one such mechanism was a Part 36 offer. The aim of this letter is to outline, in greater detail, the potential benefits and drawbacks of making such an offer. ] What is a Part 36 offer? A Part 36 offer is a formal written proposal made to the defendant to bring the issues in dispute to an end. It can cover the whole claim, a defined part of it, or particular issues, allowing it to be shaped to address the dispute as...

ARCHIVED: Private & confidential [ insert name and address of addressee ] [ insert date ] Dear [ insert name of client: defendant ] [ insert case heading ] Further to our discussion [ insert when you had the discussion ], I have now received a Part 36 proposal to settle from [ insert name of claimant ], and enclose a copy. To assist with your decision on whether to accept, I have outlined what a Part 36 offer involves, what the claimant has put forward to you, and the implications of accepting or declining it. [ I am of course very happy to talk you through the issues again if that would be helpful. ] Please note that the fact of this offer, and any particulars, will not be disclosed to the court until the claim has concluded, so it will not influence the result at trial. Its...

Claim No. [ enter claim number ]...

Filed on behalf of the [ Claimant OR Defendant ] Witness’s statement by [ enter initial and surname of witness ] Statement number: [ enter the number of this witness’s statement ] Exhibit particulars: [ enter initials and number for each exhibit cited ] Date the statement was made: [ enter date ] [ Date of translation: [ enter date ] ] Claim No. ......

This Precedent, with drafting notes, gives guidance on preparing a list of documents for standard disclosure under CPR 31 ( Forms N265, N265 ( CC), N265 ( LCC), N265 ( RCC), N265 ( CCFL) and N265 ( CHFL)). It addresses the disclosure statement required and sets out the extent of the enquiries, including reasons for omitting particular searches, treatment of electronic material, and related points. It further deals with resisting inspection on the basis of disproportionality, legal advice privilege, litigation privilege, or where documents have ceased to be within your control. It provides cross-references to fuller guidance on each of those elements of disclosure. As a rule, the document list should generally be produced on Form N265 ( Make a standard disclosure of documents)......

Filed on behalf of the [ enter party e.g. [ Claimant OR Appellant ] or [ Defendant OR Respondents ] ] Statement of witness number: [ enter e.g. first ] Date: [ enter date ] [ the translation date: [ enter date ] ] Exhibits: [ enter number ] to [ enter number ] [ Claim No.......

PRIVATE & CONFIDENTIAL [ Insert name and address of client ] [ Insert date ] Dear [ Insert name of client ] [ insert case heading ] As you will recall, we have agreed with [ insert name of the other party/parties ] to pursue mediation of [ the above dispute OR your claim ]. This correspondence outlines what you should expect to occur at the mediation, which is due to take place on [ insert date ] at [ insert location ]. It also explains the steps we now need to take to get ready for the mediation......

Filed on behalf of the Defendant Witness statement of [ insert initial and surname of witness ] Statement number: [ insert number of witness statement in relation to the witness ] Exhibits referenced: [ insert initials and number of each exhibit referred to ] Statement date: [ insert date ] [ Translation date: [ insert date ] ] Claim number: [ 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 the parties: [ insert name ] as Claimant/ Respondent and [ insert name ] as Defendant/ Applicant [ NUMBER OF WITNESS...

ARCHIVED: [ insert name and address of claimant’s legal representative ] [ insert date ] Without prejudice save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant[ — Case number ] ] We write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Our client is satisfied that your client’s claim cannot be sustained OR Our client wishes to resolve this issue amicably OR Our client recognises the requirements of the Civil Procedure Rules for parties to seek to settle their disputes ], and we are instructed to advance an offer pursuant to Part 36 of the CPR ('the Offer'). For the avoidance of doubt, the Offer is made with the intention that the consequences set out in Section I of Part 36 shall...