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Demand Letter Without Prejudice Template for Hong Kong

A formal written communication governed by Hong Kong law that demands payment or specific performance while preserving the possibility of settlement negotiations. The 'Without Prejudice' designation ensures that the content cannot be used as evidence in subsequent legal proceedings, facilitating open and frank settlement discussions. The document combines elements of debt recovery with dispute resolution, providing a structured approach to claiming outstanding amounts while maintaining professional relationships and avoiding immediate litigation in the Hong Kong jurisdiction.

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What is a Demand Letter Without Prejudice?

The Demand Letter Without Prejudice serves as a crucial pre-litigation tool in Hong Kong's legal framework, representing a formal attempt to resolve disputes before pursuing court action. It is typically used when there are outstanding payments, contractual breaches, or other commercial disputes where the demanding party wishes to maintain the possibility of amicable settlement. The 'Without Prejudice' designation, recognized under Hong Kong law, encourages open dialogue by preventing the letter's contents from being used as evidence in subsequent legal proceedings. This document should clearly state the claim amount, provide relevant background information, specify payment terms, and outline consequences of non-compliance while maintaining a tone that encourages settlement discussion. It's particularly effective in Hong Kong's business environment, where maintaining commercial relationships while pursuing debt recovery is often prioritized.

What sections should be included in a Demand Letter Without Prejudice?

1. Letter Header: Including 'Without Prejudice' marking, date, sender's details, and recipient's details

2. Reference Line: Clear identification of the matter or contract in dispute

3. Debt/Claim Details: Precise statement of the amount owed or claim value, including calculation breakdown

4. Factual Background: Concise description of the circumstances leading to the claim

5. Legal Basis: Clear statement of the legal grounds for the claim

6. Payment Demand: Specific amount demanded and payment deadline

7. Payment Instructions: Clear banking or payment details for settlement

8. Consequences of Non-Payment: Statement of intended legal action if demand is not met

9. Settlement Invitation: Expression of willingness to discuss reasonable settlement proposals

What sections are optional to include in a Demand Letter Without Prejudice?

1. Interest Calculation: Include when claiming interest on the outstanding amount, showing calculation method and period

2. Previous Communications: Reference to prior attempts to resolve the matter, if any exist

3. Settlement Terms: Specific settlement proposals if offering alternative resolution options

4. Without Prejudice Save As To Costs: Alternative heading when the letter may be shown to court for costs purposes

5. Reservation of Rights: Additional legal safeguards preserving the sender's legal rights

What schedules should be included in a Demand Letter Without Prejudice?

1. Schedule A - Calculation Details: Detailed breakdown of the amount claimed, including any interest calculations

2. Schedule B - Communication Log: Chronological list of relevant prior communications

3. Schedule C - Supporting Documents: List or copies of relevant contracts, invoices, or other supporting evidence

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

Hong Kong

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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