Legal Precedents

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 LOCATION ] DISTRICT REGISTRY ] Parties [ Insert the Claimant’s name ], acting by [ his OR her ] litigation friend [ Insert the Litigation Friend’s name ] Claimant -and- [ Insert the Defendant’s name ] Defendant PARTICULARS OF CLAIM INTRODUCTION The Claimant seeks a declaration together with damages stemming from the raid on [ his OR her ] home on [ insert date ] and [ his OR her ] ensuing detention between [ insert date ] and [ insert date ]. In summary, the Claimant asserts that: On [ insert date ], in the course of the raid at the Claimant’s residence, the Claimant was subjected to multiple assaults and batteries and/or treatment contrary to Article 3 ECHR, and was falsely imprisoned and/or suffered a breach of Article 5 ECHR; The...

[ 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...

Dear [ insert organisation name ] Claimant’s Full Name: Claimant’s Full Address: Claimant’s National Insurance Number: Claimant’s Date of Birth: Claimant’s Diagnosis: Place of Employment: We act for the above-named individual to pursue compensation arising from an asbestos-related condition, namely mesothelioma. Our client, [ insert Claimant’s name ], encountered asbestos exposure whilst working for [ insert Defendant company’s name ] during the period [ insert dates of employment with Defendant company ]. This correspondence is sent in accordance with the Pre- Action Protocol for Disease and Illness Claims. Please provide confirmation of your insurers without delay. Your insurers must be notified immediately; failure to do so may affect your insurance cover. A duplicate of this letter is enclosed for urgent onward transmission to your insurance...

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 ]......

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...

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 ] Re: [ Insert name of client/claimant ] The court has now set a timetable for the case in which you are involved as [ insert details eg liability expert ]. Please find enclosed a copy of the court directions......

[ 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......

[ 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......

[ IN THE COUNTY COURT AT [ insert ] OR IN THE HIGH COURT ] Claim No: Parties: [ Insert name of Claimant ] Claimant and [ Insert name of Defendant NHS Trust ] Defendant PARTICULARS OF CLAIM This action arises from personal injuries sustained due to clinical negligence. At all material times: The Defendant owned, ran, operated and oversaw the E F Hospital (“the Hospital”) pursuant to the National Health Service Acts, and, through its employees, servants and agents, provided and delivered medical, specialist and other services to patients; The Claimant was and remained a patient of the Defendant. ......

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...

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...