Legal Precedents

[ add the name and address for the Claimant or Defendant, or the party’s legal representative ] [ add date ] Dear [ enter the organisation’s name ] [ Claimant v Defendant— Case reference ] [ Provide particulars of the applicable rule(s), practice direction(s) and/or court order(s), specify the breach(es) and the penalty/penalties imposed......

Claim No. [ enter claim reference ]....

Filed on behalf of the [ Claimant OR Defendant ] By the witness: [ 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 given: [ insert date ] [ Date of translation: [ insert date ] ] Claim number: [ insert claim number ]......

[ insert name and address of the claimant or the claimant’s legal representative ] [ insert date ] [ Claimant v Defendant— Case number ] Dear [ insert organisation name ] Thank you for your letter dated [ insert date ] seeking extra time for [ describe the length of the extension requested and the step to be taken ]. [ Either: We have reviewed your request and are unable to agree. [ Provide reasons for refusal ] OR explain why the period requested is too long and put forward a shorter timetable ] OR We have considered the request and will agree subject to these conditions: Your client shall pay our client’s costs arising from this request [ in the sum of £… ] within [ ] days of this letter. AND/ OR All directions in the order of [ insert name ] dated [ date ] are...

Claim No. [ enter claim reference ]...

Claim No. [ insert number ] In the County Court at [ insert location ] Between [ Insert claimant’s name ] Claimant and [ Insert defendant’s name ] Defendant PARTICULARS OF CLAIM Throughout the material period, the Claimant was employed by the Defendant as a [ insert job title ] at the Defendant’s [ insert premises information ] premises. At all relevant times, the Personal Protective Equipment at Work Regulations 1992, SI 1992/2966 (“the Equipment Regulations”), the Workplace ( Health, Safety and Welfare) Regulations 1992, SI 1992/3004 (“the Workplace Regulations”), and the Control of Substances Hazardous to Health Regulations 2002, SI 2002/2677 were applicable. The Claimant relies on contraventions of the aforesaid regulations as particulars evidencing negligence. In the course of [ his OR her OR employment the Claimant handled/came into contact with compounds including [ insert name of compounds ] containing [ insert name of salient...

[ In 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 Particulars of claim 1 At all relevant times, the Claimant was in the employment of the Defendant as a [ insert Claimant’s job title and location eg mail sorter at its Islington office ] and was acting within the scope of [ his OR her ] employment. The Claimant’s employment began on [ insert date ]. Throughout this period, the Claimant reported to [ insert name of Claimant’s line manager, eg Mr Bloggs ]. [ Mr Bloggs’ ] own manager was [ insert name, eg Mr Jones ]. The...

[ At the County Court at [ insert ] or in the High Court of Justice ] [ [ Identify division ] ] [ [ Identify specialist court ] ] [ [ Insert location ] ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] — Claimant and [ Insert name and details of the Defendant ] — Defendant and [ Insert name and details of the Third Party ] — Third Party Third Party’s Defence to Defendant’s Additional Claim The Third Party admits paragraphs 1 to 3 of the Particulars of Additional Claim......

[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ Specify division ] ] [ [ Specify Specialist court ] ] [ [ Insert location ] ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] Claimant and [ Insert name and details of the Defendant ] Defendant and [ Insert name and details of the Third Party ] Third Party Defendant's Additional Claim against Third Party The Claimant seeks damages in accordance with the Particulars of Claim from the Defendant. The Defendant intends to contest the proceedings in line with the Defence. At all material times, the Third Party served as the Defendant’s sub-contractor. Throughout the relevant period, the relationship between the Defendant and the Third Party was governed by a written agreement, a copy of which is...

[ In the High Court of Justice OR In the County Court at [ insert ] ] [ [ Specify division ] ] [ [ Specify Specialist court ] ] [ [ Insert location ] District Registry ] Claim No: [ insert claim number ] Between [ A B ] Claimants and [ X Y ] Defendants Defence The matters set out in paragraph 1 of the Particulars of Claim are admitted. Regarding paragraph 2 of the Particulars of Claim, the Defendants are unable to admit or deny and accordingly require the Claimant to prove the facts and matters alleged. Any allegation of negligence, breach of statutory duty, and causation as pleaded in paragraph 3 of the Particulars of Claim is denied in full. It is denied that the Defendants were responsible for nuisance as alleged in paragraph 4 of the...

Claim no: [ insert claim number ] In the county court at [ insert ] Between [ INSERT CLAIMANT’ S NAME ] Claimant -and- [ INSERT FIRST DEFENDANT’ S NAME ] First Defendant -and- Motor Insurers’ Bureau Second Defendant Particulars of claim [ Insert introductory wording if relevant, for example: The Claimant is [ insert details ] ] At all relevant times: The Claimant was [ insert details, for example the driver of ] The First Defendant was the driver of [ insert details, for example registration number ] The Second Defendant is joined to these proceedings for the reasons set out further below......

[ 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 [ (a protected party by [ insert litigation friend’s name ], [ his OR her ] litigation friend and [ insert family relation eg wife ]) ] and [ Insert name ] Defendant Schedule of Loss CALCULATED TO [ insert date OR insert the date of trial ] The Claimant retains the right to revise, vary, or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [ insert date of birth ] Date of accident: [ insert date ] Key medical milestones, for example discharge from hospital or surgery: [ insert date ] Date of [...

IN THE HIGH COURT OF JUSTICE [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] FATAL MESOTHELIOMA CLAIM Claim No: [ insert number ] Between: C ( EXECUTRIX IN THE ESTATE OF [ name of deceased ] ( DECEASED)) Claimant -and- D LTD Defendant PARTICULARS OF CLAIM The claimant acts as executrix of the estate of [ name ] (‘the deceased’). A grant of probate was issued by the Ipswich Probate Registry on [ date ]. She brings these proceedings on behalf of the estate pursuant to the Law Reform ( Miscellaneous Provisions) Act 1934, and for the deceased’s dependants under the Fatal Accidents Act 1976. The deceased was employed by the Defendant at its garage in [ town ], working first as a mechanic and thereafter as a panel beater and welder, from 1960 until 2005. The...

Claim Number: [ insert number ] IN THE HIGH COURT OF JUSTICE KING' S BENCH DIVISION Claim for Fatal Mesothelioma BETWEEN: [ name of Claimant ] Claimant (acting as Personal Representative of the estate of [ insert name ], Deceased) -and- B COMPANY LTD Defendant PARTICULARS OF CLAIM The claimant The claimant is the widow of [ name ] and serves as the personal representative of that estate (‘the deceased’). The claimant issues this claim for the estate under the Law Reform ( Miscellaneous Provisions) Act 1934, and for herself, as the deceased’s dependant widow, under the Fatal Accidents Act 1976......

In the High Court of Justice [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: [ insert number ] Between: C ( Widow and executrix of the Estate of [ name of deceased ] (deceased)) – Claimant and D LTD – Defendant Defence Unless stated otherwise, the paragraph numbers used in this Defence correspond to the paragraph numbers in the Particulars of Claim dated [ insert date ]. Paragraphs 1 and 2 of the Particulars of Claim are admitted, subject to inspection of the grant of probate. In relation to paragraph 3 of the Particulars of Claim, the Claimant is required to prove both the identity of the deceased’s employer and the length of the alleged employment with the Defendant; save that the Defendant admits that the HMRC employment schedule records the Defendant as the deceased’s employer from 1961 to 1967. Otherwise, the...

Private & confidential [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Thank you for instructing us in this matter. [ This letter encloses our retainer OR Our retainer will be sent under separate cover ]. [ I write to confirm our conversation [ on [ date ] ] regarding disclosure. ] Your [ [ claim OR case ] ] [ [ has been OR is expected to be ] ] placed on the small claims track. Upon allocation, the court [ has issued OR will issue ] standard case management directions setting out the procedural steps required to bring this matter to a final hearing. One such direction is that you must provide copies of all documents on which you intend to rely at the final hearing. This step is known as...

This template memorandum should be read and, if suitable, sent together with the relevant template letter to your client regarding disclosure: Draft letter to client about disclosure—small claims track Draft letter to client about disclosure Confidential and privileged [ insert date ] [ insert addressees: [ insert addressees: senior managers/relevant employees and former employees/ IT managers ] ] [ [ insert case heading ] OR [ description of the case if pre-action ] ] [ [ We ] OR [ the company ] ] may encounter a legal dispute in relation to [ insert matter/transaction subject of dispute ]. If the dispute is not brought to a conclusion, it is probable that we will be required to disclose relevant documents, including electronic records, that are or have been within [ [ our ] OR [ the company’s ] ] control, whether or not they support our case. That...

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 before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ] dated: [ insert date ] between: [ insert name ] Claimant and [ insert name ] Defendant ] _______________________________________ [ Draft ]...

Claim No. [ insert claim number ] In the COUNTY COURT AT [ insert ] Between: Mrs a.b. Claimant -and- C.d. Limited Defendant PARTICULARS OF CLAIM At all times relevant to these proceedings: The Defendant owned a bus, registration number [ insert registration number ] (“the bus”); The bus was driven and/or operated by a servant or agent of the Defendant (whose identity is unknown to the Claimant) whilst acting within the scope of their employment or agency (“the driver”). Accordingly, the Defendant is vicariously liable for any negligent acts or omissions and/or breaches of statutory duty committed by that employee or agent; The bus and the driver were governed by the Public Service Vehicles ( Conduct of Drivers, Inspectors, Conductors and...

Claim No. [ insert claim number ] In the County Court at [ insert ] Between: AA, Claimant ((a child) by BB as litigation friend) -and- XY, Defendant 1 At all times material to this action: 1.1 The Claimant is, and at the relevant times was, a minor, born on [ insert date of birth ]; they were [ insert age ] when the accident occurred and are now [ insert age ]. These proceedings are brought on their behalf by their Litigation Friend, BB. 1.2 The Defendant was operating a [ insert make ] motor vehicle, registration [ insert registration number ] (the ‘ Defendant’s vehicle’). 2 At approximately [ insert time ] on [ insert date ], the Claimant was crossing the northbound carriageway at [ insert road name and area name ]. Moving from east to west at a...