Legal Precedents

Letter of Claim for dermatitis Dear [ insert organisation name ] Claimant’s full name: Claimant’s full address: Claimant’s National Insurance number: Claimant’s date of birth: We act for the individual named above in a claim for compensation for personal injury and related losses arising from dermatitis developed after repeated contact with detergent and water during the course of their employment with you. This correspondence is sent in compliance with the Pre- Action Protocol for Disease and Illness Claims and the Pre- Action Protocol for Personal Injury Claims. Please confirm the identity of your insurers. Your insurers should be notified without delay, and failure to forward this letter may prejudice your insurance cover. A copy of this letter is enclosed for you to pass to them. Background to the claim Our client worked at your premises as a cleaner between 2022 and 2024. Their...

Dear [ insert organisation name ] URGENT— LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re: Our Client: Address: Date of Birth: National Insurance Number: Your Previous Employee: Date of Birth: Date of Death: National Insurance Number: Place of Work: We act for the above-named client in a claim for damages for personal injury arising from exposure to asbestos, resulting from asbestos dust brought into the home on the work clothing of a family member, [ insert relation eg spouse or parent and insert their name ], during their employment with [ insert employer’s name ] between [ insert dates ]. Accordingly, the claim is addressed to you. This correspondence is sent in accordance with the Pre- Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please note that your...

Note This Precedent serves as a defendant’s Part 36 offer letter. It does not address CPR 36 provisions applying solely to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, consult Practice Note: Fixed costs in PI claims—consequential amendments to Part 36 offers to settle......

Address Your Ref: Our Ref: Please ask for: Date: Telephone: Email: Dear [ insert organisation name ] Noise-induced hearing loss ( NIHL) Letter of Claim Part A We act for [ insert Claimant’s name ] regarding a Noise Induced Hearing Loss claim against [ insert Defendant’s name ]. This correspondence is issued under Annex E of the Pre- Action Protocol for Disease and Illness Claims. To assist the Defendant(s) with a full investigation, we enclose the following (please tick to confirm enclosed): ELTO search(es) HMRC Completed questionnaire Completed Part B for each proposed Defendant Audiogram GP and hospital records Anticipated valuation Provisional Schedule of Special Damages with supporting evidence Personnel/ Occupational Health file or the Claimant’s signed authority to obtain a copy from the insured Declaration of previous claims 1 Claimant’s details 1.1 Full name: 1.2 Address: 1.3 Date of birth: 1.4 National Insurance number: 1.5 Solicitor’s reference: 2 Employment history 2.1 The outline below records our client’s complete work history in both noisy and non-noisy...

Dear [ insert name ] Claimant’s name: [ insert the Claimant’s name ] Claimant’s address: [ insert the Claimant’s address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date of alleged negligent treatment ] [ I represent the claimant in connection with a claim for damages arising from treatment they underwent while under the care of [ insert name ] on [ insert date ], or during the period from [ insert date ] to [ insert date ]. He/she has suffered [ from injury ]. ]......

IN THE COUNTY COURT AT [ insert ] Claim No: BETWEEN [ A. B. ] Claimant-and-[ C. D. ] Defendant PARTICULARS OF CLAIM At the relevant times, the Claimant was the [ owner and ] driver of a [ make, model ] motor vehicle, registration [ insert registration number ], whilst the Defendant was driving a [ make, model ] motor vehicle with registration [ insert registration number ]. [ Details of accident ] [ The Claimant relies upon an admission of liability made by the Defendant/the Defendant’s insurance company on [ insert day/month/year ] ]. [ The accident was caused by the negligence of the Defendant. ] [ PARTICULARS OF NEGLIGENCE ] 3.1 [ particulars relevant to case ] 3.2 [ … ] As a...

Name: [ insert ] Witness statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] Claim No. [ 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: [ Insert party ] Claimant/ Respondent and [ Insert party ] Defendant/ Applicant [ Number of witness statement eg first ] WITNESS STATEMENT OF [ Insert name of witness ] ON BEHALF OF THE DEFENDANT I, [ name ], of [ address ], say as follows: I am a solicitor of the Senior Courts of England and Wales within the...

Name: [ insert ] Witness Statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] [ Date of translation: [ insert date ] ] Claim No. [ 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 [ Insert party ] Claimant/ Respondent and [ Insert party ] Defendant/ Applicant [ Number of witness statement eg first ] WITNESS STATEMENT OF [ Insert name of witness ] ON BEHALF OF THE CLAIMANT 1 I serve as a solicitor of the Senior Courts of England and Wales within the firm named above. I oversee the...

Dear [ insert expert’s name ] Claimant’s name: [ insert the Claimant’s name ] Claimant’s address: [ insert the Claimant’s address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date of alleged negligent treatment ] I represent the claimant regarding a claim for damages arising from treatment they received whilst under the care of [ insert name ] on [ insert date OR between [ insert date ] and [ insert date ] ]......

To Defendant Dear [ insert organisation name ] Letter of Notification Re: [ Claimant’s Name, Address, Do B and NHS Number ] We are instructed to represent [ claimant’s name ] in connection with treatment undertaken/care delivered at [ name of hospital or treatment centre ] by [ name of clinician(s) if known ] on [ insert date(s) ]. This correspondence is to notify you that, although we are not yet in a position to issue a formal Letter of Claim, our preliminary enquiries indicate that grounds concerning breach of duty and/or causation have been identified......

To Defendant Dear [ insert organisation name ] Letter of Claim [ insert claimant’s name ] v [ insert defendant’s name ] We have been asked to represent and act for [ insert claimant’s name ] in respect of treatment undertaken and/or care delivered at [ insert name of hospital or treatment centre ] by [ insert name of clinician(s) if known ] on or about [ insert date(s) ]. Kindly inform us if you consider that you are not the correct defendant, or if you know of any alternative or additional potential defendants. Claimant’s details [ Insert claimant’s full name ], [ insert claimant’s address ], [ insert date of birth ], [ insert NHS Number ], [ insert National Insurance number ]......

Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For guidance on Part 36 offers in fixed costs matters, 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: defendant ][ insert case heading ] Further to our discussion, I have received a settlement proposal under a ' Part 36 offer' from [ insert name of claimant ], and I enclose a copy. This letter is intended to help you decide whether to accept the offer; accordingly I explain what a Part 36 offer is, what the defendant has proposed to you, and the consequences of accepting or declining it. [ Once you have read this letter, please...

Note: This precedent does not include CPR 36 provisions that concern fixed costs cases specifically. For details on Part 36 offers in fixed costs matters, 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: defendant ] [ insert case heading ] As discussed [ insert when you had the discussion ], I have received a Part 36 settlement proposal from [ insert name of claimant ], and enclose a copy. To help you decide whether to accept, I outline below what a Part 36 offer is, what the claimant is proposing, and the implications of accepting or refusing this offer. [ Once you have reviewed this letter, please contact me promptly so we can talk it...

Note: This Precedent does not address CPR 36 rules that apply only 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: defendant ] [ insert case heading ] Further to our discussion on [ insert when you had the discussion ], I have now received a Part 36 proposal from [ insert name of claimant ], and enclose a copy for your review. To assist you in deciding whether to accept, I outline below what a Part 36 offer involves, what the claimant is putting forward, and the potential outcomes of agreeing to or declining this offer. [ Once you have...

Please note, this Precedent does not address in any way CPR 36 provisions that apply uniquely to fixed costs matters. For further guidance on Part 36 offers in fixed costs claims, see Practice Notes: Part 36 offers—fixed costs (position before 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 ] Further to our discussion, I have received a settlement ‘ Part 36 offer’ from [ insert name of defendant ], and I enclose a copy for your records. This letter is intended to assist you in carefully deciding whether to accept it, so I have set out what a Part 36 offer means, what the defendant is proposing, and what may follow if you agree to, or...

Note: This Precedent does not address in any way CPR 36 rules that apply solely to fixed costs cases. For guidance on Part 36 offers in fixed costs cases, refer to 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 and confidential [ Insert name and address of addressee ] [ insert date ] Dear [ insert name of client—claimant ] [ Insert case heading ] Further to our discussion, I have now received a ‘ Part 36 offer’ from [ insert name of defendant ], and I enclose herewith a copy. This letter is intended to assist you in deciding whether to accept the proposal; accordingly, I have set out below what a Part 36 offer is, what the defendant has proposed to you, and the...

Note: This precedent excludes CPR 36 rules that apply solely to fixed costs matters. For guidance on Part 36 offers in fixed costs claims, refer to 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: defendant ] [ insert case heading ] As discussed [ insert when you had the discussion ], I have now received a Part 36 proposal to settle from [ insert name of claimant ], and enclose a copy. To assist you in deciding whether to accept it, I set out below what a Part 36 offer means, what the claimant has put forward, and the consequences of accepting or declining. [ After reading this letter, please get in touch...

Note This precedent is a defendant Part 36 offer letter and does not encompass CPR 36 provisions directed at fixed costs cases. For details on Part 36 offers in fixed costs matters, 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). [ insert name and address of claimant or 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 refer to the above [ potential ] matter and confirm we act for [ insert name of your client ]. Our client considers your client’s case to be without merit, but because [ insert explanation as appropriate ] we are instructed to advance an offer under Part 36 of the CPR (the ‘...

Note: This template is a claimant Part 36 offer letter; it does not deal with CPR 36 provisions that apply specifically 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). [ insert name and address of the defendant or their 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 remains confident that it is entitled to [ insert brief nature/details of dispute ], but as [ insert...

Note: this template claimant Part 36 offer letter does not address CPR 36 rules that apply specifically to fixed costs matters and scenarios. For further details and guidance on Part 36 offers in relevant fixed costs cases, please see the 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 ‘ Part 36 offer’ from [ insert name of defendant ], and enclose a copy for your review. This letter is intended to aid your decision on acceptance; I therefore outline, clearly and concisely, what a Part 36 offer means, what the defendant has proposed, and the...