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PRECEDENTS
Letter of instruction to costs draftsperson Dear [insert name of costs draftsperson] Re: [Client’s name] Address: [Insert address] Date of birth: [Insert date of birth] Date of incident/alleged negligent treatment: [Date] Claim number: [insert from N1 claim form] We write in respect of the above matter. The case concerns [insert brief details of case]. Proceedings were issued on [date] and served on [date]. Please prepare a costs budget in accordance with the applicable costs management provisions of CPR Part 3 and Practice Direction 3D, using Precedent H and any other applicable prescribed forms. Please identify the relevant filing and exchange deadlines and any applicable court directions. Please also advise whether the proceedings are subject to costs management and whether any applicable fixed recoverable costs regime or other exception affects the requirement to prepare a costs budget. We anticipate that the likely issues in the case will be: [Insert details] Please take these issues into account when estimating the work reasonably and proportionately required in each relevant phase of the proceedings. 1 Incurred costs For details of incurred costs,
PRECEDENTS
Private & confidential [insert name and address of expert] [insert date] Dear [insert name of expert] [insert case heading] Instruction to act as expert [Thank you for agreeing to act as the expert witness in this matter. As discussed I am acting for [name of client] who is [bringing OR defending] a claim against [insert name of opposing party/parties]. The area on which I need expert evidence is [insert area of expertise]. The aim of this letter is to provide you with the factual background to the dispute, identify the key documents and identify the issues you will need to consider. As an expert witness you will be required to produce an expert report, respond to any questions raised in relation to the report and if necessary, have discussions with the other side’s expert. You may also be required to give evidence at the trial. These duties are discussed below. OR I act for [name of client] who [is OR are] [bringing OR defending] a claim against [insert name of opposing party/parties]. The area in which I need expert evidence
PRECEDENTS
PRIVATE & CONFIDENTIAL [insert name and address of surveyor] [insert date] Dear [insert name of surveyor] [insert case heading] INSTRUCTIONS TO ACT AS RIGHTS OF LIGHT SURVEYOR CONFIDENTIAL AND LEGALLY PRIVILEGED LETTER OF INSTRUCTIONS/TERMS OF ENGAGEMENT I act for [name of client] in connection with the property known as [property description] (the Property) of which my client is the leasehold/freehold [delete as applicable] owner registered at HM Land Registry under title number [insert title number]. I write to confirm my client’s instructions to you to provide a report, along with any follow up reports and/or advice requested (the Report), and potentially in due course to act as expert in any court proceedings, in connection with rights of light issues at the Property arising from the proposed redevelopment of the Property (the Proposed Redevelopment). You have confirmed that you are a qualified rights of light surveyor and are well versed with being an expert surveyor in relation to whether an interference with a right to light is an actionable interference and, if so, valuing
PRECEDENTS
Private & confidential [insert name and address of expert] [insert date] Dear [insert name of expert] [insert case heading] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending] a claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the factual background to the dispute, the key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure that certain procedures are followed. These are set out in the following documents and are enclosed with this letter: • Rule 35 of the Civil Procedure Rules, in particular CPR 35.7 and CPR 35.8 • Practice
PRECEDENTS
Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure that certain procedures are followed. Further details of these are set out later in this letter. Background [Insert description of factual background matters
GLOSSARY
Letters of intent are preliminary agreements that precede substantive contract negotiations. They are also referred to as: heads of agreement or heads of terms, memorandum of understanding; pre-contract protocol or term sheet. They provide an outline of the commercial deal agreed between the proposed parties to a contract rather than detailing the finer points.
GLOSSARY
A document setting out terms to allow a contractor to commence work on a project before complete formal contract documents are agreed and finalised. A letter of intent is usually limited to work for a defined period of time or works up to a limited specified value.
CHECKLISTS
A letter of intent (LOI) may be entered into prior to the agreement and execution of a building contract (or sub-contract) to enable some design and/or works to begin. This Checklist sets out the key issues for a contractor to consider and the drafting it should look for, or request be included, to achieve a clear and binding letter of intent in a construction project. While the terms ‘contractor’ and ‘employer’ are used, the principles apply equally to an arrangement between a contractor and a sub-contractor. When negotiating/drafting a letter of intent, not all of the issues set out below will always be relevant and users must consider each issue in light of the particular circumstances. See Practice Note: Letters of intent—construction for more on letters of intent. Key issues and clauses • Are the parties’ details fully and correctly stated? Ensure that the full details of the employer and contractor are correctly stated at the beginning of the letter of intent (including the full company names, and company number if appropriate), to avoid any ambiguity as to the identity
PRECEDENTS
From: [insert name of Employer (the ‘Employer’)] To: [insert name of Contractor (the ‘Contractor’)] Date: [insert date] Dear [insert name of Contractor] [insert full project name and/or description/location of the works] (the ‘Works’) 1 We refer to your tender ([insert reference]) dated [insert date] and to [insert details of subsequent correspondence and any other specific documents containing details of the Works]. 2 We are pleased to inform you that, subject to terms being agreed between us, it is our intention to accept your offer (contained in the documents referred to in paragraph 1 above) and enter into a contract with you for the carrying out of the Works. 3 It is intended that the form of contract will be based on [insert form of proposed contract] as amended by a schedule of amendments and annexures as attached to this letter (together the ‘Contract’). The Contract will also incorporate the following documents: [insert proposed Contract Documents] (the ‘Contract Documents’) The following items are not yet agreed: [insert items still to be agreed] These items do not form part of the Contract for the purposes of this letter. Once these items are agreed
CHECKLISTS
This Checklist sets out the key issues for an employer to consider, and the clauses it should require, for a clear and binding letter of intent (LOI) in a construction project. While the terms ‘contractor’ and ‘employer’are used, the principles apply equally to an arrangement between a contractor and a sub-contractor. When an employer is compiling and negotiating a letter of intent, not all of the issues set out below will always be relevant and users should consider each issue in light of the particular circumstances. See Practice Note: Letters of intent—construction for more on letters of intent and for an example of advice to give to a client, see Precedent: Advice to clients—use of letters of intent. Key issues and clauses • Are the parties’ details fully and correctly stated? Ensure that the full details of the employer and contractor are correctly stated at the beginning of the letter of intent (including the full company names, and company number if appropriate), to avoid any ambiguity as to the identity of the contracting parties. In particular, if either party
PRECEDENTS
From: [insert name of Employer (the ‘Employer’)] To: [insert name of Contractor (the ‘Contractor’)] Date: [insert date] Dear [insert name of Contractor] [insert full project name and/or description/location of the works] (the ‘Works’) 1 We refer to your tender ([insert reference]) dated [insert date] and to [insert details of subsequent correspondence and any other specific documents containing details of the Works]. 2 We are pleased to inform you that, subject to terms being agreed between us, it is our intention to accept your offer (contained in the documents referred to in paragraph 1 above) and enter into a contract with you for the carrying out of the Works. 3 It is intended that the form of contract will be based on the [insert form of proposed contract], as amended by a schedule of amendments and annexures as attached to this letter (together the ‘Contract’). The Contract will also incorporate the following documents: [insert proposed Contract Documents] (the ‘Contract Documents’) The following items are not yet agreed: [insert items still to be agreed] These items do not form part of the Contract for the purposes of this letter. Once these items
PRECEDENTS
Strictly private and confidential To: [Insert name of Customer party] (a company registered in [England and Wales], with company registration number [insert] whose registered office is at [insert address]) (you). [Insert customer address] Date: [insert date] Subject to contract (EXCEPT AS EXPRESSLy STATED) Dear [insert name] Letter of intent regarding proposed outsourcing agreement Further to the discussions between you and [insert name of Supplier party] (the Supplier) on [insert date(s)] and subject to contract (except as expressly stated), this Letter of Intent (LOI) sets out the main commercial terms which have been provisionally agreed between our organisations (collectively, us or we) on the proposed agreement relating to the provision of [insert description] outsourced services (the Services) (the Proposed Agreement). We each agree that: 1 Duration and status 1.1 We intend to negotiate and (subject to the written agreement by each of us in our sole discretion) execute the Proposed Agreement no later than [90] days from the date on which the last of us signs this LOI. 1.2 This LOI (unless extended by both of us in writing prior to its expiry) shall automatically terminate on the earlier