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PRECEDENTS
[Alleged infringer’s name and address] [Date] Dear [insert organisation name] [Insert name and description of copyright works] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions, which amount to an infringement of our client’s copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is the employer of the person who produced the copyright work.] The copyright work(s) Our client’s [insert defined copyright work] is protected by law as original
PRECEDENTS
To Defendant Dear [Sirs] Re: [insert claimant's full name] [insert claimant's full address] [insert claimant's clock or works number] [insert claimant's employer (name and address)] We are instructed by the above named to bring a claim for damages in connection with an [accident at work OR road traffic accident OR tripping accident] that occurred on [insert date] at [insert place of accident, which must be sufficiently detailed to establish location]. Please confirm the identity of your insurers. Please note that the insurers
PRECEDENTS
Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)] The estate of [name] deceased LETTER OF CLAIM—[Potential claim to set aside the Will dated [date]] We are instructed to act for [name of claimant] in [his OR her] claim [to set aside probate of the Will dated [date] OR that the Will dated [date] is invalid]. In the event that the
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] [STATE IF SERVED BY FIRST CLASS POST / EMAIL / HAND DELIVERY ETC] [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 prior correspondence sent, 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 Pre-Action Protocol for Personal Injury Claims (the ‘Protocol’) set out in 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 the consequences of failing to respond properly within that time. We enclose a copy of this letter of claim which we would ask that you please
PRECEDENTS
Dear [insert organisation name] Our Client: [insert name] Your Client: [insert name] Re: [insert property address] We act on behalf of [insert name]. This is our letter of claim in relation to our client’s claim to [an interest in] the property known as [insert property address] (the Property) by virtue of proprietary estoppel. Background [Provide a summary of the relevant factual background.] Our client’s proprietary estoppel claim In summary, as explained above, [representor] repeatedly represented to our client that [insert details of what the claimant says was represented to them]. Our client trusted [representor] and relied on the promises and representations [representor] made to [him/her] to [his/her] detriment, in particular by [summarise the strongest 2
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] 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].
PRECEDENTS
[ON THE HEADED NOTEPAPER OF THE 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] 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
PRECEDENTS
[Alleged infringer’s name and address] [Date] Dear [insert organisation name] [UK trade mark registration number [insert number(s)]] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions. The trade mark(s) Our client is the owner of UK trade mark registration number [insert 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. [Insert name of alleged infringing company] It has come to our client’s attention that you are [details of infringing activity] (the ‘Actions’). Please see copies of [detail evidence of infringing actions] enclosed with this letter. For the avoidance of doubt, our client does not consent to the Actions. [Your Actions amount to use in the course of trade of a sign which is identical to the Trade Mark in relation to [goods AND/OR services] which are identical to those for which the Trade Mark is registered. This is an act of infringement
PRECEDENTS
[ On headed notepaper of the FRANCHISEE adviser ] [Insert name of franchisor adviser] [Insert address of franchisor adviser] Dear [Insert name of franchisor adviser] The agreement proposed to be entered into between [Insert
GLOSSARY
A letter of credit is an undertaking by a bank to pay to the beneficiary of the credit, or to accept and pay drafts drawn by the beneficiary, in accordance with the terms and conditions of the credit.
PRECEDENTS
[ON HEADED NOTEPAPER OF PARTY A] [Insert address of Party B] [Insert date] Dear [name of Party B], Contract extension 1 We refer to the agreement dated [insert date of agreement to be extended] between you and us relating to [insert specific purpose of agreement] (Contract). 2 In consideration of the sum of £[1] paid by us to you (receipt of which you acknowledge), with effect from [insert date] we agree to extend the term of the Contract for a period [of [insert number] [insert days, weeks, months] OR up to and including [insert date]].[ We further agree to vary the Contract
PRECEDENTS
Note: • this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general provisions set out elsewhere in the CPR, this Practice Note should be read in conjunction with general guidance on preparing for and attending trial including that in Trial—overview which, in turn, links through to detailed guidance on specific aspects of preparing for and attending trials • shorter and flexible trials schemes—claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Division—shorter trials scheme and Business and Property Division—flexible trials scheme • electronic working—for information on electronic working in the TCC, see Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and filing of documents • multi-track—all