Letter before claim Flashcards
When should a letter before claim be drafted?
When the solicitor is satisfied that the client has a valid claim, he should advise the client and obtain instructions to send a letter before claim
What if the claim type is governed by a pre-action protocol?
The letter should contain all the information required by the protocol
Who should the letter before claim be addressed to?
The letter should be addressed to the potential defendant in person, however if you are aware that the defendant has solicitors acting for him, it should be addressed to his solicitors, as it is a breach of the SRA Codes of Conduct otherwise.
When should a response from the defendant be expected by?
The claimant will usually demand acknowledgement/full response to the letter before claim within 14 days of the defendant receiving this.
What if the defendant cannot provide a full written response by the deadline set in the letter before claim?
They should instead, provide a written acknowledgement within the deadline.
Where can you find details of what should be included in the letter before claim?
Paragraph 6(a) of the Practice Direction
Where can you find details of what should be included in the letter before claim?
Paragraph 6(b) of the Practice Direction
When should the claimant provide documents requested by the defendant?
The claimant should provide the documents requested by the defendant within as short a period of time as is practicable, or explain in writing why the documents will not be provided
After the initial exchange of correspondence, what should the parties attempt to do?
The parties should have a genuine opportunity to resolve the matter without starting proceedings. Following paragraph 12 of the Practice Direction, at the very least they should establish the issues between them, to narrow the scope of any subsequent court proceedings and limit potential costs.
Should an expert always be called give evidence?
Many matters can and should be resolved without the need for evidence or advice from an expert
If the parties are using an expert, how should this be done?
If possible, to limit costs, the parties should look to appoint a ‘single joint expert’, paid for jointly by the parties. If this is not possible, they should look to appoint an ‘agreed expert’ where the parties agree the identity of the expert by only one party instructs the expert and pays the experts costs.
What if the parties instruct separate experts?
If the parties both instruct their own experts, the court will need to determine later if any party can rely on any particular experts evidence
