Letter of claim—rescission and damages for fraudulent misrepresentation
Produced in partnership with Lynne Counsell of 9 Stone Buildings
Last updated on 28/07/2020

The following Dispute Resolution precedent produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Letter of claim—rescission and damages for fraudulent misrepresentation

Letter of claim—rescission and damages for fraudulent misrepresentation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]

FAO [RELEVANT NAME]

[NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY]

[ADDRESS LINE 1]

[ADDRESS LINE 2]

[POSTCODE]

[DATE]

Dear [insert organisation name]

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

LETTER OF CLAIM

[[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

        [As outlined in our initial letter, our OR Our] client’s claim against your client concerns a contract dated [insert date of contract] between our client and [your client OR [insert name of other party]] whereby [insert details of transaction]. We are instructed that, at the time, your client

Related documents:
Key definition:
Rescission definition
What does Rescission mean?

The right in equity to rescind is the right of a party to set aside a transaction and to be restored to their former position. It is a remedy for misrepresentation or for common/mutual mistake.

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