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Letter Before Claim Template for England and Wales

A Letter Before Claim is a formal document required under the Civil Procedure Rules of England and Wales, sent before commencing legal proceedings. It outlines the prospective claimant's case, details the grievance, specifies the remedy sought, and provides the defendant with an opportunity to respond or resolve the dispute before court proceedings are initiated. This document forms a crucial part of the pre-action protocol and can significantly influence the course of subsequent legal proceedings.

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What is a Letter Before Claim?

The Letter Before Claim (also known as a Letter of Claim or Pre-Action Letter) is a mandatory first step in the litigation process under English and Welsh law. It serves as a formal notification to a potential defendant that legal proceedings may be commenced against them. The document must comply with the Pre-Action Protocols outlined in the Civil Procedure Rules, containing specific details about the claim, supporting evidence, and proposed remedy. This letter aims to promote early settlement of disputes and avoid unnecessary litigation, while ensuring all parties understand their positions before court proceedings begin.

What sections should be included in a Letter Before Claim?

1. Sender Details: Full contact details of the claimant or their legal representatives

2. Recipient Details: Full contact details of the defendant

3. Claim Summary: Clear summary of the claim and legal basis

4. Facts and Chronology: Detailed timeline of relevant events

5. Financial Details: Amount claimed and breakdown of calculations

6. Required Action: What the recipient needs to do and by when

7. Next Steps: Consequences of non-compliance and intended next steps

What sections are optional to include in a Letter Before Claim?

1. Expert Evidence: Reference to expert reports when technical matters are involved - use for technical or professional negligence claims

2. ADR Proposals: Suggestions for alternative dispute resolution - include when willing to consider settlement through mediation

What schedules should be included in a Letter Before Claim?

1. Supporting Documents: Copies of relevant contracts, correspondence, or other evidence

2. Chronology: Detailed timeline if events are complex

3. Schedule of Loss: Detailed breakdown of damages claimed

4. Expert Reports: Any relevant technical or professional reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Sector

Marketing

Cost

Free to use

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