Q&As

Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal representatives?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/08/2019

The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal representatives?

A letter of claim is a prerequisite to the issue of proceedings under the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction). While a failure to send a letter of claim does not prevent a party from instituting proceedings, a failure to comply with the relevant protocol or, where there is no relevant protocol, the spirit of the Practice Direction, will be taken into consideration when case management directions are given (CPR 3.1(4)–(6)) and when making orders for costs (CPR 44.3(5)(a)). A failure to comply with the protocol may therefore mean that even a successful claimant is deprived or part or all of their costs.

The letter of claim is sent to the prospective def

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