Legal Precedents

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 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 both was and remains [ insert description of the Claimant and their business (where appropriate) ]. The Defendant both was and remains [ insert description of the Defendant and their business (where appropriate) ]. ......

Claim Number [ INSERT ] In the High Court of Justice, [ SPECIFY DIVISION ], [ INSERT LOCATION ] District Registry Parties: [ Insert name ] ( Claimant) – and – [ Insert name ] ( Defendant) PARTICULARS OF CLAIM Note: This template concerns statutory obligations for construction incidents arising on or after 6 April 2015. At all relevant times the Claimant was employed by the Defendant in the position of Painting Supervisor. On or about [ insert date ], whilst undertaking his routine duties for the Defendant, he was instructed to inspect a newly constructed platform module at [ insert location ]. As the Claimant proceeded along the platform, and without prior warning, he stepped where grating was missing and fell. He dropped through the opening to the level below on the platform, striking his head and body......

ARCHIVED This record is archived and will not be maintained. IN THE HIGH COURT OF JUSTICE Claim No: BUSINESS AND PROPERTY COURTS IN BIRMINGHAM [ FINANCIAL LIST ( Ch D) OR BUSINESS LIST ( Ch D) OR COMPANY & INSOLVENCY LIST ( Ch D) OR INTELLECTUAL PROPERTY LIST ( Ch D) OR TRUSTS & PROBATE LIST ( Ch D) OR COMPETITION LIST ( Ch D) OR REVENUE LIST ( Ch D) ] District Judge [ NAME ] [ DATE ] BETWEEN: [insert name] Claimant -and- [insert name] Defendant ORDER Warning You are required to adhere to the obligations set out in this order; failing to do so may result in your claim being struck out, or a different sanction being imposed. If you are unable to comply, you should make a formal application to the court before any time limit placed upon you expires......

IN THE COUNTY COURT AT [ insert ] Claim No: [ insert claim number ] BETWEEN MR A B Claimant -and- C D LIMITED Defendant PARTICULARS OF CLAIM At all material times, the Defendant owned and/or ran a business [ description of business, eg collecting and processing refuse ]. At all material times, the Claimant was employed by the Defendant as a [ job title eg dustbin lorry driver and loader ]. Details of Incident At about [ time ] on [ date ], the Claimant was [ description of work activities being undertaken ] at [ location ] in the course of their employment. The Claimant wore liveried attire and personal protective equipment supplied by the Defendant. This included [ details of equipment, eg Type 1 gloves, which extended approximately three centimetres up the Claimant’s forearm above his wrist, and a...

This TRUST is dated [ date ] and hereby made as follows Parties [ name ] of [ address ], acting by [ name ] of [ address ] (the Litigation Friend); and [ name ] of [ address ] together with [ name ] of [ address ] (the Original Trustees) Background This Trust shall be known and described as [ insert name ] (the Trust). This Trust is constituted to receive and hold the compensation payable in respect of a personal injury sustained by [ insert name ] (the Beneficiary), who is under 18 years of age. Legal proceedings [ under Claim Number [ insert number ] ] were commenced following that personal injury, and the payment of compensation was ordered on [ date to be completed once order is made ]. The Court of...

[ In the County Court at [ insert ] or in the High Court of Justice ] [ [ specify division ] ] [ [ insert location ] District Registry ] Claim No: Between A Claimant and (1) B [ driver ] (2) C [ foreign insurer ] Defendants PARTICULARS OF CLAIM On 2 December 2023, the Claimant was on foot, proceeding along High Street, London E18. The First Defendant was operating an Opel bearing German registration number [ registration number ] and was travelling northbound on High Street. Approaching the junction with Croydon Road, the Claimant attempted to cross High Street. He traversed the two nearside lanes, crossed the centre line and entered the first offside lane, at which point the First Defendant’s Opel collided with him, causing the injury, loss and damage particularised below......

[ To be printed on the claimant solicitors’ letterhead ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’ S SOLICITORS, IF ANY ] [ 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 earlier correspondence dated [ insert date of previous correspondence, if any ]. ] [ As you are aware, we ] act for [ insert client’s full name ], of [ insert full address ]. This correspondence serves as our client’s letter of claim, issued in line with the Practice Direction Pre- Action Conduct and Protocols to the Civil Procedure Rules (the Practice Direction), and a copy is enclosed for your convenient...

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’ S SOLICITORS, IF ANY ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] [ [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ] . ] [ As you are aware, we OR We ] represent [ insert client’s full name ], whose address is [ insert full address ]. This document is our client’s letter of claim issued in line with the Practice Direction – Pre- Action Conduct and Protocols of the Civil Procedure Rules (the Practice...

[ To appear on the claimant’s solicitors’ headed notepaper ] Our ref: [ insert your file reference for this matter ] FAO [ RELEVANT NAME ] [ NAME OF PROPOSED DEFENDANT’ S SOLICITORS, IF ANY ] [ ADDRESS LINE 1 ] [ ADDRESS LINE 2 ] [ POSTCODE ] [ DATE ] Dear [ insert name ] RE [ PROSPECTIVE CLAIMANT’ S NAME ] AND [ PROSPECTIVE DEFENDANT’ S NAME ] LETTER OF CLAIM [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ]. We represent [ insert client’s full name ], of [ insert full address ]. This document is our client’s letter of claim, issued in line with the Practice Direction Pre- Action Conduct and Protocols under the Civil Procedure Rules (the Practice Direction). For ease, a copy is enclosed. Please note the closing section of this letter sets out the timeframe for your reply and the...

Dear [ insert organisation name ] WITHOUT PREJUDICE SAVE AS TO COSTS This hereby constitutes the Claimant’s proposal, brought under CPR Part 36...

PRIVATE & CONFIDENTIAL [ insert name and address of client ][ insert date ] Dear [ insert name ] The court has issued directions to both sides, outlining the actions required as your claim advances. The initial step is the exchange of relevant documents through disclosure. I am to prepare, using the prescribed format, a schedule of every document you hold, or have previously held, within your control that relates to any of the issues in your claim. This signed list must be lodged with the court and served on the defendant by [ insert date ]. By the same deadline, the defendant must likewise file with the court and serve upon us a list of all documents the defendant has, or once had, that are pertinent to any issue in your claim. This letter sets out what disclosure entails, the stages involved, and your...

IN THE [ COURT ] Claim number...

Dear [ insert organisation name ] We respond to your letter of [ insert date ] regarding the documents you supplied on [ insert date ], which you now assert are privileged. We confirm we have neither reviewed the documents, made any copies, nor forwarded them to our client. [ In the circumstances, we are willing to return our copies of the documents to you and enclose them with this correspondence. Nonetheless, we do not necessarily accept that the documents attract privilege and our client reserves his/her/its position in that regard. OR However, having regard to the contents of your letter, we do not accept that the documents are privileged, for the reasons set out below: [ set out reasons, remembering that you have not read these documents ] Accordingly, as matters presently stand, we do not agree that you are entitled to the return of the...

Dear [ insert organisation name ] We are writing to notify you that [ we OR our client ] mistakenly provided you with privileged material by means of [ our letter and attachments dated [ insert date ] ] and to seek the prompt return of that material. The documents concerned are [ identify the documents with precision ]. In relation to [ identify document(s) or classes of document(s) ], they are protected by legal advice privilege. Each is a communication between a lawyer and the client made for the purpose of requesting or delivering legal advice and was, and remains, confidential, or is a record of such a communication that was, and remains, confidential. [ The ‘client’ for these purposes is [ identify ‘client’ group within a corporate body ]. ] [ In relation to [ identify document(s) or classes of document(s) ], these are...

IN THE [ COUNTY COURT AT [ Insert ] OR HIGH COURT ] Claim Number: [ Insert claim number ] Parties: [ Insert name of Claimant ] Claimant [ (a patient, by his son and litigation friend XX (insert name of LF)) ] -and- [ Insert name of Defendant ] Defendant PARTICULARS OF CLAIM ( CLINICAL NEGLIGENCE) The parties Throughout the relevant period, the Claimant, a patient, received nursing and personal care from the Defendant, delivered by its staff and authorised agents. During all material times, the Defendant ran, managed and administered a residential care home known as [ Insert care home name ], located at [ Address ] (‘the care home’)......

[ DETAILS OF DEPONENT ETC. ] IN THE [ COURT ] Claim no. : [ insert claim number ] BETWEEN: [ Insert claimant’s name ] Claimant AND [ Insert defendant’s name ] Defendant AFFIDAVIT OF [ NAME ] I, [ FULL NAME ], of [ ADDRESS ], swear as follows: I provide this affidavit in reply to the [ Claimant’s OR Defendant’s ] application for the inspection of documents dated [ insert date ]. [ I am [ a solicitor registered to practise in England and Wales ] at [ law firm ], and I represent the [ Claimant OR Defendant ] in these proceedings. ] [ I am the [ Claimant OR Defendant ]. ] ......

Dear [ insert organisation name ] We write regarding your [ disclosure list ], in which you clearly state that you are entitled to refuse inspection of a number of pertinent documents on the basis of legal professional privilege. In light of the limited information you have provided, our client is not wholly persuaded that these documents are covered by legal professional privilege. Accordingly, please confirm that you will allow inspection of these documents [ in accordance with the Court’s directions OR in accordance with the CPR OR within [ number of ] days OR . Alternatively, insofar as your client continues to maintain privilege, please provide the following information within [ number of ] days: 1 Please confirm that each document over which your client asserts privilege has been properly and individually assessed for that purpose. Please identify the person or persons who...

Dear [ insert organisation name ], We reply further to your letter dated [ DATE ]. [ Our client is willing to permit your client to review [ identify documents ]. For clarity, this does not amount to any waiver of privilege in relation to any other material. Access will be given [ pursuant to the [ Court’s directions OR CPR ] OR by [ sending you copies ] within [ number of ] days ] . ] [ Our client maintains legal professional privilege over [ identify documents ]. Your client is therefore not entitled to see them at this stage......

This Deed is dated [ date ] Parties [ name ], of [ address ], [ company number ] (‘ A Limited’) [ name ], of [ address ], [ company number ] (‘ B Limited’) together the ‘ Claimants’. Background A Limited and B Limited are Claimants in High Court proceedings in the [ Chancery Division ], under Claim No. [ insert number ], against the Defendant[s]. The Solicitors act for the Claimants in the Litigation. The Claimants were previously wholly-owned subsidiaries of [ Z limited ]. Following the commencement of the Litigation, B Limited ceased to be within [ Z Limited’s ] ownership and is now controlled by new owners. The Claimants propose to enter into an agreement governing the conduct of the Litigation, with particular regard to the apportionment of legal costs, the settlement of...

Dear [ insert name of costs draftsman ] Re: [ Client’s name ] Address: [ Insert address ] Date of Birth: [ Insert date of birth ] Date of Accident: [ Date ] Claim Number: [ insert from N1 claim form ] We write in relation to the above matter. This claim relates to [ insert brief details of case ]. Proceedings were commenced on [ date ] and served on [ date ]. We expect the main issues to include: [ Insert details ] 1 Incurred costs For particulars of incurred costs, please refer to the fee notes and the file attached. We have secured the following evidence: Breach of duty evidence: [ Insert details of expert evidence ] Causation evidence: [ Insert details of expert evidence ] Condition and prognosis evidence: [ Insert details of expert evidence ] Witness statements: [ Insert details of...