Legal Precedents

Dear [ expert’s name ] Re: [ Client’s name ] Address: [ Insert address ] Date of Birth: [ Insert date of birth ] Date of Accident/incident/negligent treatment [ delete as required ]: [ Insert date ] I am writing to follow up on our earlier correspondence......

[ ON THE CLAIMANT’ S SOLICITORS’ LETTERHEAD ] Our reference: [ insert your file reference for this matter ] FAO [ Insert name of the debtor’s solicitors ] [ Address line 1 ] [ Address line 2 ] [ Postcode ] [ Date ] Dear [ insert name ] [ Insert creditor’s name ] AND [ Insert debtor’s name ] LETTER OF CLAIM [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ]. [ As you will be aware, we OR We ] represent [ insert client’s full name ], whose address is [ insert full address ]. This is our client’s letter of claim, issued in compliance with the Practice Direction Pre- Action Conduct and Protocols under the Civil Procedure Rules (the ‘ Practice Direction’), and for convenience a copy is enclosed. Please note the final...

[ TO APPEAR ON THE CLAIMANT’ S SOLICITORS’ LETTERHEAD ] Our ref: [ insert your file reference for this matter ] FAO [ insert name of addressee ] [ 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 back to our letter dated [ insert date of previous correspondence, if any ] ]. [ As you will be aware, we OR We ] act for [ insert client’s full name ], whose postal address is [ insert full address ]. This document is our client’s letter of claim, 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...

[ insert name and address of addressee ] [ insert date ] Dear [ insert name ] We confirm our readiness to pursue mediation and any other form of ADR to prevent this matter from requiring a determination by the courts. Accordingly, we hereby refer you to the Practice Direction Pre- Action Conduct and Protocols. In particular, both parties are expected to participate in ADR in a constructive manner and to kindly respond to any invitation to take part......

[ 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...

[ To appear on the claimant’s solicitors’ headed paper ] Our ref: [ insert your file reference for this matter ] For the attention of [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’ S SOLICITOR IF KNOWN ][ ADDRESS LINE 1 ][ ADDRESS LINE 2 ][ POSTCODE ] [ DATE ] Dear [ insert organisation name ] LETTER OF CLAIM Re: [ PROSPECTIVE CLAIMANT’ S NAME ] and [ PROSPECTIVE DEFENDANT’ S NAME ] [ We refer to our previous letter dated [ insert date of previous correspondence ] ]. [ As you are aware, we OR We ] represent [ insert client’s full name ], of [ insert full address ]. This correspondence constitutes our client’s letter of claim, issued in line with the Practice Direction Pre- Action Conduct and Protocols within the Civil Procedure Rules (the ‘ Practice Direction’), and a copy is enclosed for ease of...

[ TO BE PRINTED ON THE CLAIMANT’ S SOLICITORS’ HEADED PAPER ] Our ref: [ insert your file reference for this matter ] For the kind attention of [ 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 [ Further to our letter of [ insert date of previous correspondence, if any ] ] . [ As you are aware, we OR We ] act for [ insert client’s full name ], whose address is [ insert full address ]. This constitutes our client’s letter of claim issued in line with the Practice Direction Pre- Action Conduct and Protocols of the Civil...

[ To be printed on the claimant’s solicitors’ headed paper ] Our reference: [ insert your file reference for this matter ] For the attention of [ 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 letter of [ insert date of previous correspondence, if any ] ]. [ As you are aware, we OR We ] act for [ insert client’s full name ], of [ insert full address ]. This document constitutes our client’s letter of claim, issued in accordance with the Practice Direction Pre- Action Conduct and Protocols of the Civil Procedure Rules (the...

[ ON THE LETTERHEAD OF THE CLAIMANT’ S SOLICITORS ] Our ref: [ insert your file reference for this matter ] For the attention of [ 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 previous letter dated [ insert date of previous correspondence, if any ] ] . [ As you are aware, we OR We ] act for [ insert client’s full name ], of [ insert full address ]. This letter of claim is issued on our client’s behalf in compliance with the Practice Direction Pre- Action Conduct and Protocols (the Practice Direction) of the Civil Procedure Rules, and a copy is enclosed for your...

[ ON THE HEADED NOTEPAPER 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 [ 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/company name ], of [ insert full address ]. This letter of claim is issued on our client’s behalf in accordance with the Practice Direction on Pre- Action Conduct and Protocols within the Civil Procedure Rules (the ‘ Practice Direction’), and a copy is enclosed for your ease of...

[ ON THE HEADED NOTEPAPER OF CLAIMANT’ S SOLICITORS ] Our ref: [ 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 Further to our correspondence dated [ insert date of previous correspondence, if any ], we now write in this matter. As you are aware, we are instructed by [ insert client’s full name ], of [ insert full address ]. This is our client’s letter of claim, issued in compliance with the Civil Procedure Rules’ Practice Direction – Pre- Action Conduct and Protocols (the Practice Direction). For your convenience, a copy is...

Schedule of cost precedents— Precedent L Order upon Client’s Application for Detailed Assessment of Solicitor's Bill DATED the [ DATE ] Claim No. [ insert claim number ]......

UPON THE APPLICATION OF THE [ PARTY ] [ the parties and their representatives who attended ] AND UPON HEARING AND UPON READING the papers on the court file IT IS ORDERED THAT 1 The [ PARTY ] shall, within [ NUMBER OF DAYS ], provide to the [ PARTY ], or to his solicitor, a bill of costs covering all causes and all matters in which he has acted for the [ PARTY ] 2 The [ PARTY ] must allow credit in that bill for every sum received by him from, or on behalf of, the [ PARTY ]......

Schedule of costs precedents— Precedent M Order arising from the Solicitor’s application for assessment under the Solicitor’s Act 1974 Part III, dated [ DATE ], Claim No. [ insert claim number ]......

Dear [ insert expert’s name ] Re: [ insert name of client and the client’s date of birth (address and telephone number should be provided separately for the appointment arrangements) ] Date of accident: [ insert date of accident ] Thank you for consenting to prepare a report in this matter. We represent the above individual regarding injuries sustained in an accident that took place on the date noted above. Documentation To aid the preparation of your report, we enclose the following documents: [ list documents enclosed with instructions eg GP records, ambulance, hospital records, etc ] [ We are in the process of obtaining our client’s GP, ambulance service and hospital notes and records and will send them to you once received. OR We enclose an agreed, indexed and paginated set of notes and records prepared with the Defendants. ] Your...

Dear [ Insert ] Re: [ Insert name of client ] Appreciate you agreeing to produce report on this case...

Dear [ Insert ] Re: [ Name of Client/ Name of Claimant ] As set out in the Court timetable we supplied, you are obliged by the court to hold a discussion about this matter with [ Insert eg the claimant’s/defendant’s expert ] for the purposes described in the Rules ( CPR 35.12). The aims of discussions between experts are to: pinpoint and examine the specialist issues arising in the proceedings; form shared conclusions on those issues where possible and, if not, narrow the issues; set out the points on which they agree and disagree, and summarise the reasons for any disagreement on any point; indicate what steps, if any, may assist in resolving any outstanding issues between the parties. These discussions are not intended to settle the proceedings......

[ IN THE COUNTY COURT SITTING AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] AT [ [ INSERT LOCATION ] DISTRICT REGISTRY ] ] Claim no. Parties AB – Claimant (1) C D – First Defendant (2) X Y INSURANCE PLC – Second Defendant PARTICULARS OF CLAIM Throughout the relevant period, the Claimant was the owner and driver of a [ insert description of vehicle ], [ insert registration ] (“the car”), whilst the First Defendant was driving a [ insert description of vehicle ], [ insert registration ] (“the van”). For all material times, the van benefited from a motor insurance policy issued by the Second Defendant (“the policy”). Consequently, the Claimant is entitled to, and does, pursue the Second...

IN THE [ INSERT NAME OF COURT ] Claim no. Parties AB Claimant and (1) C D First Defendant (2) MOTOR INSURERS’ BUREAU (acting through its agent X Y INSURANCE PLC) Second Defendants PARTICULARS OF CLAIM Throughout the material period, the First Defendant drove a vehicle [ insert description ], [ insert registration ] (“the vehicle”), whilst the Claimant was travelling as a passenger therein. The Second Defendant (the “ MIB”) is a company limited by guarantee within the Companies’ Acts. Under an Agreement with the Secretary of State dated 3 July 2015 (the “ Agreement”), MIB provides compensation, in specified circumstances, to persons who suffer injury or damage arising from the negligence of an uninsured motorist. The Claimant has taken all reasonable steps to identify the insurer and any liability in respect of the First Defendant and, as at the commencement of these...

Claim No. [ enter claim number ]...