Q&As

Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?

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Published on LexisPSL on 12/07/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?

The Pre-Action Protocols (Protocols) and, in the event that none of the specific Pre-Action Protocols apply, the Practice Direction—Pre-Action Conduct and Protocols (the Practice Direction), set out the conduct usually expected of parties prior to the issue of proceedings. An effective exchange of information is encouraged between the parties, with an important part of this process being the letter of claim, setting out the details of the claimant’s proposed claim, and the defendant’s response to that letter. In particular, para 6b of the Practice Direction states in respect of the defendant’s response that:

‘…The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are dispute

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