WS2
Pre-action correspondence: Letter of advice and letter before claim
Pre-action correspondence
When the solicitor is satisfied that the client has a valid claim, he should:
(1) Advise the client (LETTER OF ADVICE); and
(2) Obtain instructions to send a letter to the prospective defendant setting out full details of the claim
(LETTER BEFORE CLAIM).
Letters before claim
NOTE: If claimant fails to send letter before claim prior to issuing proceedings , then it is accordingly in breach of
para 6(a) of the Practice Direction, Pre-Action Protocol
If the claim is of a type that is governed by a pre-action approved protocol, the letter should contain all the
information required by the protocol
o Note that in the case of professional negligence, a preliminary notice of claim should be sent first, and
the letter communicating the claim is known as the ‘letter of claim’
Letter before claim under Practice Direction on Pre-action Conduct
Dear
[Heading]
Letter before Claim
Introduction
[‘We act for [full names] of [full address]’]
[‘Our instructions are to recover a debt/damages . . .’]
The facts
[Set out the material background facts, eg relevant contract details.]
Legal basis of claim
[State relevant law such as misrepresentation, breach of contractual term(s), negligence, negligent misstatement, and give brief details.]
Factual basis of claim
[Set out material facts in chronological order, establishing the legal claim, eg the breach of contractual terms or tortious duty.]
Liability/Responsibility
[‘We have advised our clients that your actions on [date] were in breach of clause 3 of the contract and/or negligent and that they are entitled to be
compensated by you.’]
Debt/Damages/Compensation
[Set out details of amount(s) claimed, including any interest due on a debt under a contractual term.]
Documents enclosed
[‘The following documents are relied on by our client in support of the claim and copies are enclosed’ (list relevant documents and state what issue
each supports, eg receipts in respect of damages claimed).]
Your documents
[Ask for any relevant documents – list the documents required and explain why they are relevant.]
Alternative Dispute Resolution proposal
[Set out any proposal for ADR that your client wishes to make at this stage, including the method(s) of ADR proposed.]
Practice Direction: Pre-action Conduct
[Enclose copy, if appropriate, and refer to para 16.]
Acknowledgement and response deadline
[‘Please acknowledge safe receipt of this letter promptly and provide a full response by no later than [give a specific date usually 14 days after receipt
but up to three months in a complex case]’ .]
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Pre-action correspondence: Letter of advice and letter before claim
Pre-action correspondence
When the solicitor is satisfied that the client has a valid claim, he should:
(1) Advise the client (LETTER OF ADVICE); and
(2) Obtain instructions to send a letter to the prospective defendant setting out full details of the claim
(LETTER BEFORE CLAIM).
Letters before claim
NOTE: If claimant fails to send letter before claim prior to issuing proceedings , then it is accordingly in breach of
para 6(a) of the Practice Direction, Pre-Action Protocol
If the claim is of a type that is governed by a pre-action approved protocol, the letter should contain all the
information required by the protocol
o Note that in the case of professional negligence, a preliminary notice of claim should be sent first, and
the letter communicating the claim is known as the ‘letter of claim’
Letter before claim under Practice Direction on Pre-action Conduct
Dear
[Heading]
Letter before Claim
Introduction
[‘We act for [full names] of [full address]’]
[‘Our instructions are to recover a debt/damages . . .’]
The facts
[Set out the material background facts, eg relevant contract details.]
Legal basis of claim
[State relevant law such as misrepresentation, breach of contractual term(s), negligence, negligent misstatement, and give brief details.]
Factual basis of claim
[Set out material facts in chronological order, establishing the legal claim, eg the breach of contractual terms or tortious duty.]
Liability/Responsibility
[‘We have advised our clients that your actions on [date] were in breach of clause 3 of the contract and/or negligent and that they are entitled to be
compensated by you.’]
Debt/Damages/Compensation
[Set out details of amount(s) claimed, including any interest due on a debt under a contractual term.]
Documents enclosed
[‘The following documents are relied on by our client in support of the claim and copies are enclosed’ (list relevant documents and state what issue
each supports, eg receipts in respect of damages claimed).]
Your documents
[Ask for any relevant documents – list the documents required and explain why they are relevant.]
Alternative Dispute Resolution proposal
[Set out any proposal for ADR that your client wishes to make at this stage, including the method(s) of ADR proposed.]
Practice Direction: Pre-action Conduct
[Enclose copy, if appropriate, and refer to para 16.]
Acknowledgement and response deadline
[‘Please acknowledge safe receipt of this letter promptly and provide a full response by no later than [give a specific date usually 14 days after receipt
but up to three months in a complex case]’ .]
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