Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Damages definition

What does Damages mean? In legal practice, damages are a money award ordered by a court to compensate a claimant (England & Wales, Northern Ireland) or pursuer (Scotland) for loss caused by breach of contract, tort/delict or a statutory wrong. The remedy is developed mainly by case law across the UK and Ireland, with some statutory modification. The aim is primarily compensatory: in tort/delict, to put the person in the position they would have been in but for the wrong; in contract, to protect the expectation interest (and sometimes the reliance interest). Heads of loss include general and special damages (common in personal injury),...

Template pre-action letter of claim: damages for failure to correct continuing misrepresentation after change of circumstances (Misrepresentation Act 1967; CPR Pre-Action Conduct) — England and Wales

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Precedents

[ ON THE LETTERHEAD OF THE claimant’S SOLICITORS ]

Our reference: [ insert your file reference for this matter ]

FAO [ RELEVANT NAME ]

[ NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN ]

[ ADDRESS LINE 1 ]

[ ADDRESS LINE 2 ]

[ POSTCODE ]

[ DATE ]

Dear [ insert name ]

RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]

LETTER OF CLAIM

[ We refer to our correspondence dated [ insert date of previous correspondence, if any ] ]. [ As you are aware, we OR We ] represent [ insert client’s full name ], of [ insert full address ]. This letter constitutes our client’s claim and is issued in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the ‘Practice Direction’), a copy of which is enclosed for your convenience. Please review the closing section of this letter, which specifies the deadline for your response and explains the consequences of failing to respond appropriately within that timeframe...

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Lynne Counsell

Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).Lynne has drafted the standard unit trust for the...

Web page updated on 22/05/2026

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