Legal Precedents

In the COUNTY COURT AT [ insert ] OR in the High Court of Justice [ Specify division ] [ Insert location ] District Registry Claim No: Between [ Insert name ] Claimant and [ Insert name ] First Defendant Second Defendant Particulars of claim At all material times, the Claimant was employed as a [ insert job title eg Delivery Driver ] by [ insert employer’s name eg Plant Hire Limited ]. Whilst performing [ his OR her ] duties on [ insert date of accident ], [ he OR she ] was tasked with delivering a power float (‘the float’) to the First Defendant’s premises at [ insert address ]. On the Claimant’s arrival at the premises, the First Defendant informed the Claimant that he planned to remove the float from the lorry using a JCB. The First Defendant further stated that various people on site would assist with this...

At the County Court at [ INSERT ] or in the High Court of Justice [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] District Registry ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] — Claimant and [ Insert name and details of the Defendant ] — Defendant Defence Save as otherwise indicated, the paragraph numbering in this Defence corresponds to the numbering in the Particulars of Claim dated [ insert date ]. The matters set out at paragraphs 2 and 3 of the Particulars of Claim are admitted. In relation to paragraphs 4 to 6, the Defendant will contend as follows: [ Insert the account of the incident the Defendant will rely upon, e.g.: On the evening of 12 June...

[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ IDENTIFY DIVISION ] ] [ [ IDENTIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: BETWEEN [ A B ] Claimant and [ X Y ] Defendant SCHEDULE OF LOSS The Claimant retains the entitlement to vary, revise or supplement this schedule at any time up to and including trial. General damages: To be assessed Loss of earnings: The Claimant’s weekly net pay before the accident was £350 per week......

[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: Between [ A B ] Claimant and [ X Y ] Defendant ______________________________________________ COUNTER SCHEDULE OF LOSS ______________________________________________ The Defendant retains the right to vary, revise or supplement this Counter Schedule of Loss at any time up to and including the trial. PAST LOSSES 1 Previous loss of earnings (i) Loss of earnings to [ insert date eg 26 February 2019 ] are accepted in the pleaded claim at £[ insert amount ]. (ii)–(iii) Loss for the period [ insert date eg 26 February 2019 ] to [ insert date eg 25 August 2019 ] is not admitted. As a matter of principle, the Defendant accepts that it may take time to...

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...

Private & confidential [ insert name and address of expert ][ insert date ] Dear [ insert name of expert ] [ insert case heading ] Instruction to act as single joint expert Thank you for confirming your appointment as the expert witness in this matter. You will be instructed as a single joint expert. We act for [ insert name of client ], who is [ bringing OR defending ] a claim against [ insert name of opposing party/parties ]. This correspondence has been countersigned by the solicitors for [ insert name of party/parties ] to confirm their agreement to the terms set out in this letter. The purpose of this instruction is to supply the factual context of the dispute, refer you to the principal documents, and set out the issues for your consideration, as outlined below: The factual background to the dispute The key...

Filed on behalf of the [ Claimant OR Defendant ] Witness’s statement of [ enter full initial and surname of witness ] Statement number for the witness: [ enter applicable number of the witness’s statement ] Exhibit particulars: [ enter initials and the number of each relevant exhibit cited ] Date the statement was made: [ enter exact date ] [ Translation date: [ enter exact date ] ] Claim number: [ enter full claim number ]......

Witness statement of [ insert name ] of [ insert company name ] Lodged on behalf of the Applicant/ [ Intended Claimant OR Intended Defendant ] Witness statement number: [ insert number ] Dated: [ insert date ] [ Translation date: [ insert date ] ] Exhibits numbered: [ insert number ] to [ insert number ] Claim No. [ insert claim number ]......

[ On your firm’s letterhead ] [ Add the name and address of the claimant’s solicitors, including any reference and the responsible lawyer if named in the letter of claim ] [ Insert date ] [ Insert your reference ] Dear [ insert organisation name ] [ Insert heading ] We represent [ insert name of the client/defendant ]. We confirm receipt of your letter of claim dated [ insert date ], sent on behalf of [ [ insert name of their client/the claimant ] OR your client ]. [ Our client is presently receiving our advice on this matter. We expect to deliver a substantive reply to your letter by [ insert date ]. OR The particulars of your client’s claim have been forwarded to our client’s insurers, namely [ insert name of insurers ], for their consideration. We anticipate you will receive a substantive response to the letter of claim by [...

Claim No. [ provide claim number ]...

Without prejudice save in respect of costs [ Insert name and address of other party's solicitors ] [ Insert date ] Dear [ insert organisation name ] [ Insert case heading ] — Mediation Notice Our respective clients were unable to settle the dispute through [ informal ] negotiations [ between their respective senior executives ]......

ARCHIVED : This Precedent has been archived and is not maintained. 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......

Claim No. add claim number...

Claim No. [ enter claim number ]...

Claim No. [ input claim reference ]...

[ Insert claimant's solicitor's address ] [ Insert solicitor's reference ] [ Insert date ] Sent by email and post Dear [ insert organisation name ] [ Insert case heading ] We act for the defendant in these proceedings and are directed to apply for security for its costs of defending the claim in the amount of £[ insert amount ]......