| Disclosure: letter of advice to client in contentious proceedings on disclosure obligations An example of a letter to a client, early on in a dispute, regarding his disclosure obligations. It also includes important instructions about the creation, destruction and amending of documents. From 1 April 2013, new disclosure requirements apply for all multi-track claims (except those including a claim for personal injuries) unless the first case management conference takes place, or is due to take place, before 16 April 2013. The changes, part of the Jackson civil litigation reforms, place even more emphasis on early planning for disclosure. |
| Letter before claim: negligence or breach of duty This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimant that has a claim for negligence or breach of duty (or both) which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. |
| Application for extension of time (filing/service of the defence): application notice This document is only available in MS Word format. Click here to view it. For more information see Practice notes, Time Limits and Variation of time limits. |
| Pre-action disclosure: application notice An example of an application notice seeking an order for pre-action disclosure under CPR 31.16. Click here to view it. |
| Pre-action disclosure: witness statement This is an example of a witness statement made in support of an application for pre-action disclosure. It must be adapted to the specific facts and circumstances, and should be read in conjunction with the integrated drafting notes. PLC Dispute Resolution is grateful to Baker & McKenzie and Herbert Smith Freehills LLP for their assistance with this standard document. |
| Letter before claim: misrepresentation This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimant that has a claim for misrepresentation in the context of a contract which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. |
| Letter before claim: actual and repudiatory breach of contract This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimaint that has a claim for actual and/or repudiatory breach of contract which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedures apply. |
| Pre-action disclosure: draft order This is an example of a draft order for pre-action disclosure. It must be adapted to the specific facts and circumstances, and should be read in conjunction with the integrated drafting notes. PLC Dispute Resolution is grateful to Baker & McKenzie and Herbert Smith Freehills LLP for their assistance with this standard document. |
| Letter before claim: judicial review A letter before claim to be used by a claimant before issuing a claim for judicial review. |
| Letter to a potential claimant advising on limitation An example letter to a potential claimant explaining about limitation periods, including why they are so important when issuing a claim. The letter explains when time starts and stops, the effect of third party proceedings, standstill agreements and ways in which a defendant may take a limitation point in existing proceedings. |
| Letter before claim: common law private nuisance This example letter before claim is for use as a starting point by the solicitors of a prospective claimant who has a claim in common law private nuisance that is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. The letter requests the prospective defendant to abate a continuing nuisance and seeks damages for the nuisance. The letter before claim must be adapted to the specific facts and circumstances. It should be read in conjunction with its integrated drafting notes and Practice note, Common law nuisance. |
| Letter before claim: restitution (mistake or failure of consideration) This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimant that has a restitutionary claim for money had and received on the basis of a mistake or total failure of consideration or, alternatively, a claim for quantum meruit, which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. |
| Letter to a potential defendant advising on limitation An example letter to a potential defendant explaining about limitation periods, including why they are so important when defending a claim. The letter explains when time starts and stops, the effect of third party proceedings, standstill agreements and ways in which a defendant may take a limitation point in existing proceedings. |
| Hearsay evidence: notice This is an example notice for hearsay evidence pursuant to section 2 of the Civil Evidence Act 1995 and CPR 33.2. It must be adapted to the specific facts and circumstances, and should be read in conjunction with the integrated drafting notes. |
| Order for extension of time (for filing/service of the defence) An example draft order to apply for an extension of time for filing and service of the defence. For further information, see Practice notes, Time Limits and Variation of time limits. |
| Letter before claim in respect of a disputed debt An example of a letter before claim in respect of a disputed debt, with integrated drafting notes. |
| Letter before claim: negligent misstatement This is an example letter before claim, to be used as a starting point by a prospective claimant (or its solicitors) who has a claim for negligent misstatement that is disputed by the prospective defendant. This form of letter assumes that none of the specific pre-action protocols or other formal pre-action procedure apply. |
| Letter to client giving overview of the litigation process An example of a letter to a client giving a general overview of the civil litigation process in England and Wales. The letter deals with the procedure for cases that are brought under CPR 7 and allocated to the multi-track, and takes into account the Jackson/civil litigation reforms in force 1 April 2013. |