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PRECEDENTS
Dear [insert organisation name] URGENT—LIVING MESOTHELIOMA CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Re: Our Client: Address: Date of Birth: National Insurance Number: Your Previous Employee: Date of Birth: Date of Death: National Insurance Number: Place of Work: We are instructed by our above named client in respect of a claim for damages due to personal injury in connection with exposure to asbestos, as a consequence of asbestos dust carried home on the work clothes of a family member, [insert relation eg spouse or parent and insert their name] while they were employed by [insert employer’s name] between [insert dates]. It is for this reason we are directing the claim to you. We are writing this letter in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please note that your insurers will need to see this letter as soon as possible and it may affect your insurance cover if you do not send this to them. We enclose a
PRECEDENTS
[date] Sent via [recorded delivery] [email] to [insert Respondent’s email address] [Respondent’s name] [Respondent’s address] Re: [Disputed Domain Name]—unauthorised use of [Marks] Dear [insert organisation name] We represent [insert Client name and a brief description of its business]. We are writing to you via the [email address OR registered office address] [provided on the website (the Website) hosted by the domain [insert details] OR provided via Nominet in relation to a data release request]. Our client is the proprietor of numerous registered [and unregistered ]trade marks including: [insert trade mark details including proprietor name, filing date, registration number, territory, classes covered, and mark details ]. A copy of our client’s trade mark registrations and examples of usage are attached to this letter as Annex 1. [Client name] also owns the Internet domain name [Client’s domain name](‘Client’s Domain’). [Insert details of analytics from the client’s website, including number of unique visitors per month or year, number of external link backs, Google page rank, Alexa ranking]. Collectively, we will refer to our client’s
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [INSERT RELEVANT NAME] [NAME OF DEFENDANT BROKER] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of your preliminary notice of claim, if sent]. That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].] [We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.] ] 1 Overview and basis of claim 1.1 [As you are aware], [W OR w]e act for [insert claimant’s name]. 1.2 We are instructed that in or around [insert date] you were instructed
PRECEDENTS
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [CLIENT PARTNER OR SENIOR PARTNER] [NAME OF DEFENDANT FIRM] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of your preliminary notice of claim, if sent ]. That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].] [We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We request that you pass a copy of this letter to them, and confirm to us that you have done so.] ] 1 Overview and basis of claim 1.1 [As you are aware, w OR W]e act for [insert claimant’s name]. 1.2 We are instructed that you previously acted for our client in connection with [insert summary
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [INSERT RELEVANT NAME] [NAME OF DEFENDANT SURVEYOR] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of your preliminary notice of claim, if sent]. That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].] [We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.] ] 1 Overview and basis of claim 1.1 [As you are aware], [W OR w]e act for [insert claimant’s name]. 1.2 We are instructed that pursuant to a letter dated [insert date] you were instructed
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [INSERT RELEVANT NAME] [NAME OF DEFENDANT ACCOUNTANT] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of your preliminary notice of claim, if sent]. That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].] [We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.] ] 1 Overview and basis of claim 1.1 [As you are aware, w OR W]e act for [insert claimant’s name]. 1.2 We are instructed that in or around [insert date] you were instructed to act as our
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [INSERT RELEVANT NAME] [NAME OF DEFENDANT] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of your preliminary notice of claim, if sent]. That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].] [We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.] ] 1 Overview and basis of claim 1.1 [As you are aware], [W OR w]e act for [insert claimant’s name]. As you are aware, [insert Claimant’s name] is [insert description of claimant’s background/profession].
PRECEDENTS
[Insert name and address of recipient] Dear [insert organisation name], [Name of client] and confidential information 1 We are instructed by [insert name of client] of [address]. We are writing to you about the unlawful disclosure[ and unauthorised use] of confidential information belonging to our client. This letter is written pursuant to the [Practice Direction Pre-Action Conduct and Protocols under the Civil Procedure Rules OR Pre-action Protocol for Media and Communications Claims]. 2 Our client operates in [describe client’s business and any other background information]. Our client is the owner of highly sensitive commercial information including [[identify the confidential information] OR [identify the categories of confidential information]] (the Confidential Information). 3 The Confidential Information was disclosed to [you OR [name of individual]] on [provide details about the disclosure—eg date, location] (the Disclosure). At the time of the Disclosure [you were OR [name of individual] was] aware of the confidential nature of the Disclosure [provide any details, eg communication/acknowledgment that the information was confidential or refer to relevant contractual provision, eg in a non-disclosure agreement]. 4 The Confidential Information is key to our client’s business
PRECEDENTS
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of previous correspondence, if any]]. [As you know, we OR We] act on behalf of [insert client’s full name/company 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 Overview and basis of claim
PRECEDENTS
[Insert name and address of recipient] Dear [insert organisation name], [Name of client] and breach of data protection law 1 We are instructed by [insert name of client] of [address]. 2 This letter is written pursuant to the Pre-Action Protocol for Media and Communications Claims. 3 We are writing to you about [the unlawful processing of personal data under the Data Protection Act 2018 and/or relevant provisions of the UK GDPR (as defined in that legislation) (the Relevant Data Protection Law) OR your failure to comply with the Data Protection Act 2018 and/or relevant provisions of the UK GDPR (as defined in that legislation) (the Relevant Data Protection Law)] in respect of the Relevant Personal Data referred to below. 4 The Relevant Personal Data includes [[identify the personal data] OR [identify the categories of personal data]]. 5 The Relevant Personal Data was processed by [you OR [name of individual]] [provide details about the processing, eg on [date], in [location]] (the Processing). At the time of the [unlawful ]Processing you breached your duty under the Relevant Data Protection Law as follows: [provide
PRECEDENTS
[ ON THE HEADED NOTEPAPER OF THE 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] [PROSPECTIVE CLAIMANT’S NAME]—claim for breach of duty against [PROSPECTIVE DEFENDANT’S NAME] 1 [We write further to our letter dated [insert date of previous correspondence, if any].] 2 [As you know, we OR We] are instructed by [insert client’s full name] of [insert full address]. This is our client’s letter of claim against [you OR [name of defendant] OR further to the breach of [your OR their] duties as director of [insert company name] (the ‘Company’). 3 [If you have OR [name of defendant] has] relevant insurance in place, the insurer should be notified of this claim immediately. We would be grateful if you could kindly confirm the identity of the insurer by return.] 4 This letter is written to you pursuant to the Practice Direction for Pre Action Conduct and Protocols under the Civil Procedure Rules (the ‘Practice Direction’), a copy of which is enclosed for your reference. As confirmed in paragraphs 13 to
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of previous correspondence, if any]]. [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].