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A Letter before Claim - The Basics


Lawdit Solicitors - Expert Author

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27 October 2011

A letter before claim should give concise details of the matter to enable the Defendant to understand and investigate the matter.

The letter should include the claimants name and address, reasons why the Claimant is making the claim, the facts, the remedies sought by the Claimant, if the remedy is financial then the amount and how the amount was calculated and funding arrangements which may have been made.

The Claimant should also list the documents which he intends to rely on to prove the case against the Defendant, provide details of which form of ADR the Claimant would prefer (if any), state the response date, provide a response pack and request documents which the Defendant may have which the Claimant wishes to see.

Where the defendant is not legally represented and the letter is to be sent directly to the Defendant the Defendant should be referred to paragraph 4 of the Practice Direction which concerns the courts powers to impose sanctions for failure to comply with the Practice Direction. Also the Defendant should be informed that ignoring the letter could result in an increase in the Defendants costs.

The defendant should acknowledge the letter before claim within 14 days.

The acknowledgement should state whether an insurer is involved, it should provide a date for when a full written response will be provided and request any further information required.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2011-11-28 15:15:16 in Legal Articles

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