Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)
Produced in partnership with Thomas Evans of Henderson Chambers
Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)

The following Dispute Resolution precedent produced in partnership with Thomas Evans of Henderson Chambers provides comprehensive and up to date legal information covering:

  • Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]

FAO [RELEVANT NAME]

[NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN]

[ADDRESS LINE 1]

[ADDRESS LINE 2]

[POSTCODE]

[DATE]

Dear [insert organisation name]

[PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME]

LETTER OF CLAIM

Introduction

We write further to our letter dated [insert date of previous correspondence, including any notice of rescission previously served].

As you know, we are instructed by [insert client’s full name], [which has its registered office at [insert full address] OR whose address is [insert full address]]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols set out in the Civil Procedure Rules (the Practice Direction), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter which sets out the deadline by which your response is required and the consequences of failing to respond properly within that time.

[We also draw your attention to the fact that your client’s insurer will require a copy of this letter and your client should notify their insurer of this claim immediately. Kindly inform us of your client’s insurer’s identity as part of your response.]

    1. 1

      Overview and basis of claim

      1. 1.1

        In our letter dated [insert date], we referred to the contract executed by your client and our client on [insert date] concerning [insert brief description, eg, the purchase of a

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