Letter of claim—nuisance (flood)

Produced in partnership with Steven O'Sullivan
Precedents

Letter of claim—nuisance (flood)

Produced in partnership with Steven O'Sullivan

Precedents
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[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]

Introduction

[We write further to our letter dated [insert date] OR We write further to your letter dated [insert date]].

[As you know, we OR We] act on behalf of [insert client’s full name], 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 of 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.

[Your client should notify their insurer of this claim immediately. We would be grateful if you could kindly confirm the identity of your client’s insurer by return.]

    1. 1

      Overview and basis of claim

      1. 1.1

        Our

Steven O'Sullivan
Steven O'Sullivan

Senior Associate


Steven is a robust insurance litigator who advises principally on professional liability, with particular expertise in solicitors' liability, as well as some general insurance litigation/arbitration and property damage work. His work includes: ' policy advice ' lender claims ' equity and breach of trust claims ' breach of undertaking or warranty of authority ' negligence Prior to 2002 when he began working in this area of the law, Steven acted for insurers defending personal injury claims and therefore retains residual knowledge and interest in this area in terms of loss of opportunity or undersettlement claims against solicitors. Steven spent 6 ½ years at a major insurer handling professional indemnity claims against solicitors, accountants and other professionals. He therefore has keen commercial awareness and strong insight into what insurer clients are looking for when handling litigation against their insureds. Steven is the author of numerous articles, notably in the New Law Journal, with particular focus on professionals' risk management and claim avoidance, as well as recent developments in case-law.

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Jurisdiction(s):
United Kingdom
Key definition:
Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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