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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] are instructed by [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 (the Practice Direction) of the Civil Procedure Rules, 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 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
PRECEDENTS
To [Defendant] Dear [insert name of organisation] Defendant's Booking Reference: Claimant's full name and address: Dates of Holiday: Name of Hotel/Resort and board basis: Room number: We are instructed by our above-named client to claim damages arising from gastric illness contracted whilst on holiday at the above-named hotel/resort. The circumstances giving rise to the claim are as follows: [Clear summary of the facts to include: • the nature of the illness, the symptoms, the
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [insert name of addressee] [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.] 1 Overview and basis of claim 1.1 As you are aware, we act for [insert claimant’s name].
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 OR DEFENDANT’S SOLICITOR IF KNOWN] [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 know, we OR We] act on behalf of [insert client’s full name]. 1.2 We are instructed that in or around [insert date] you were instructed by [insert identity of instructing party, if known] to act
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] [ [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.] 1 Overview and basis of claim
PRECEDENTS
[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 Overview and basis of claim 1.1 Our client [resides OR owns land OR has commercial premises]
PRECEDENTS
[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 Overview and basis of claim 1.1 Our client [resides OR owns land OR has commercial premises] at [insert address of client’s contaminated premises]
PRECEDENTS
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] [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 Overview and basis of claim 1.1 Our client is the [owner or
PRECEDENTS
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] [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 Overview and basis of claim 1.1 Our client is the [owner
PRECEDENTS
[Alleged infringer’s name and address] [Date] Dear [insert organisation name], [UK trade mark registration number [insert number]] We are writing on behalf of [name and address of client] (‘our client’). Our client is the registered owner of UK trade mark registration number [number] for [details of trade mark—eg word or logo] registered in [class OR classes] [class numbers] covering[ among other things] [details of specification] (the ‘Trade Mark’). An extract of the register for the Trade Mark is enclosed with this letter. [ Importation into UK It has come to our client’s attention that you are infringing the Trade Mark by the [importation and offer for sale] in the UK of goods [bearing the Trade Mark OR the packaging of which bears the Trade Mark], which have not been put on the market in the [EEA OR UK] by our client nor with its consent (the ‘Actions’). Our client has evidence of the Actions, none of which our client has consented to. [Insert details of trap purchases and any other features of the goods and their
PRECEDENTS
[Infringer name and address] [Date] Dear [insert organisation name] Letter of claim—passing off: [Subject] We are writing on behalf of [name and address of client] (‘our client’). Our client has [operated its business AND/OR manufactured and sold goods AND/OR supplied services] under the [name OR trade mark] [details of name or unregistered trade mark] for [time period]. In doing so, our client has built up substantial goodwill and reputation in the UK attached to the [goods AND/OR services] which it supplies, such that the [name OR trade mark] is recognised by the public as distinctive of our client’s [goods AND/OR services]. It has come to our client’s attention that you are [details of acts of passing off] (the ‘Actions’). Please see copies of [detail evidence of acts of passing off] enclosed with this letter. For the avoidance of doubt, our client does not consent to such activities. By virtue of our client’s substantial goodwill and reputation, these Actions amount to a misrepresentation which is likely to lead the public to believe that the [goods AND/OR services] that you are offering are those of our client. [ [Indeed,
PRECEDENTS
[Alleged infringer’s name and address] [Date] Dear [insert organisation name] [Insert patent number and title of patent] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions. The Patent(s) Our client is the [owner OR assignee OR exclusive licensee] of [GB Patent number [add patent number] OR EP(UK) Patent number [add patent number]], a copy of which is enclosed for your information (the ‘Patent’). [Insert name of alleged infringing company] It has come to our client’s attention that [name of alleged infringing company] [is OR appears to be] [making and/or importing [description of allegedly infringing product] (the Product) OR using a process covered by this patent [description of allegedly infringing process] (the Process)], at least since [insert earliest date of evidence available to you so far, eg date of printing website/date of an invoice or receipt for a test purchase]. A sample Product [is enclosed with this letter OR is available for inspection at our offices OR may be viewed at url: [insert url] (print-outs of the relevant webpages are enclosed)