The Pre-Action Letter Before Claim is a crucial document in the English and Welsh legal system, required by the Civil Procedure Rules before commencing formal legal proceedings. It serves multiple purposes: giving the potential defendant notice of the claim, providing an opportunity for early settlement, and demonstrating compliance with pre-action protocols. The letter must contain sufficient detail about the claim, including the legal basis, relevant facts, supporting evidence, and the remedy sought. Failure to send an adequate Pre-Action Letter Before Claim can result in cost penalties or other procedural disadvantages if the matter proceeds to court.
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1. Sender's Details: Full name, address and contact information of the potential claimant
2. Recipient's Details: Full name and address of the potential defendant
3. Claim Summary: Clear and concise summary of the dispute and the legal basis for the claim
4. Background Facts: Chronological summary of relevant events leading to the dispute
5. Legal Basis: Explanation of the legal grounds for the claim
6. Quantum: Amount claimed and calculation basis
7. Required Action: Clear statement of what the recipient needs to do to resolve the dispute
8. Response Deadline: Reasonable timeframe for response (typically 14 days)
1. Settlement Proposals: Specific proposals for resolving the dispute, used when there's a clear basis for settlement
2. Without Prejudice Save As To Costs: Optional marking when including settlement proposals
3. Interest Calculation: Include when claiming interest on monetary claims
1. Key Documents: Copies of relevant contracts, correspondence, or other evidence supporting the claim
2. Chronology: Detailed timeline of events when the case history is complex
3. Schedule of Loss: Detailed breakdown of damages claimed in complex cases
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