The Claims Letter is a fundamental legal document in Hong Kong's common law system, serving as an essential first step in formal dispute resolution. It is used when a party seeks to assert their legal rights and demand remedies for breaches of contract, negligence, or other legal obligations. The document must comply with Hong Kong's pre-action protocols and typically precedes formal legal proceedings. A Claims Letter should clearly articulate the legal basis of the claim, quantify damages, provide supporting evidence, and set out a clear demand for remedy. It plays a crucial role in demonstrating compliance with civil procedure requirements and can significantly influence the trajectory of dispute resolution, whether through settlement negotiations or litigation. The document's format and content must align with Hong Kong legal practice and demonstrate professional standards in legal correspondence.
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1. Recipient Details: Full name and address of the recipient, including any reference numbers
2. Subject Line: Clear identification of the matter and any relevant reference numbers
3. Relationship Background: Brief description of the contractual or legal relationship between the parties
4. Claim Details: Specific details of the claim, including dates, events, and breach descriptions
5. Legal Basis: Clear statement of the legal grounds for the claim
6. Quantum: Detailed breakdown of the amount claimed, including any interest calculations
7. Supporting Evidence: Reference to key documents supporting the claim
8. Demand: Clear statement of what is being demanded and by when
9. Response Timeline: Specific deadline for response and consequences of non-response
10. Without Prejudice Save As To Costs: Standard reservation of rights and legal position
1. Previous Correspondence: Summary of previous attempts to resolve the matter, used when there has been prior communication
2. Alternative Dispute Resolution: Proposal for mediation or other forms of ADR, included when seeking to demonstrate willingness to resolve matter amicably
3. Interest Calculations: Detailed breakdown of interest claims, used when claiming historical interest
4. Third Party Rights: Reference to affected third parties, included when claim involves third party rights or obligations
5. Mitigation Efforts: Description of steps taken to minimize losses, included when relevant to strengthening the claim
1. Schedule of Loss: Detailed itemization and calculation of all losses claimed
2. Schedule of Key Events: Chronological listing of relevant events and correspondence
3. Schedule of Documents: List of all documents referenced and enclosed with the letter
4. Interest Calculation Schedule: Detailed calculations of interest claimed
5. Evidence Bundle: Compilation of key supporting documents referenced in the letter
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Financial Services
Insurance
Manufacturing
Real Estate
Technology
Retail
Professional Services
Healthcare
Transportation
Energy
Infrastructure
Telecommunications
Relevant Teams
Legal
Compliance
Risk Management
Commercial
Operations
Finance
Executive Management
Company Secretariat
Business Development
Project Management
Relevant Roles
Legal Counsel
Claims Manager
Contract Manager
Risk Manager
Compliance Officer
Project Manager
Commercial Director
Chief Legal Officer
Dispute Resolution Specialist
Business Development Manager
Operations Manager
Chief Financial Officer
Company Secretary
General Counsel
Managing Director
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