Responding to a letter of claim—a practical guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Responding to a letter of claim—a practical guide
  • Initial considerations
  • Does the letter of claim comply with the Practice Direction?
  • Initial assessment of the claim
  • Other immediate steps required
  • Document preservation and collection
  • Information gathering
  • Analysing documents and information and retaining expert advisers
  • Privilege
  • Counterclaims
  • More...

Responding to a letter of claim—a practical guide

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which the claim may be commenced, you might also need to be mindful of additional provisions—see further below.

In particular, this Practice Note considers how to respond to a letter of claim in accordance with the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction). It covers:

  1. initial considerations on receipt of a letter of claim, including an assessment of whether the letter is compliant with the Practice Direction

  2. document preservation and collection

  3. information gathering

  4. analysing the material available

  5. privilege

  6. identifying any potential counterclaims and agreeing an early case strategy

  7. settlement and ADR

  8. preparation of a letter of response

  9. early case management considerations

Initial considerations

Does the letter of claim comply with the Practice Direction?

Having received a letter of claim, one of the initial steps will be to establish the pre-action provisions relevant to the dispute raised. As indicated above, this Practice Note is prepared on the basis that the Practice Direction applies, but for details of all the pre-action protocols potentially applicable, see Practice Note: The pre-action protocols and when they apply. The Practice Direction includes provisions that should be referred to in all cases, but is specifically stated to apply if none of the other more

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