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PRECEDENTS
Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). Private & confidential [insert name and address of addressee] [insert date] Dear [insert name of client: defendant] [insert case heading] As we discussed [insert when you had the discussion], I have received a Part 36 settlement offer from [insert name of claimant], a copy of which is enclosed. To help you decide whether to accept the offer I explain below what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [Once you have read this letter, please contact me as soon as possible, so that we can discuss this further to assist you in deciding how to respond to the offer.] Part
PRECEDENTS
Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). Private & confidential [insert name and address of addressee] [insert date] Dear [insert name of client: defendant] [insert case heading] As we discussed [insert when you had the discussion], I have received a Part 36 settlement offer from [insert name of claimant], a copy of which is enclosed. To help you decide whether to accept the offer I explain below what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [Once you have read this letter, please contact me as soon as possible, so that we can discuss this further to assist you in deciding how to respond
PRECEDENTS
To: [insert client name and address] Date: [insert date] Dear [contact name] [Project name/Address] Thank you for instructing us in relation to [description of project and address]. So that we have as much information as possible at the outset of this project, and to highlight any key issues, I would be grateful if you could confirm the following and bring any relevant documents [including those listed in the schedule to this letter] to our meeting on [date]: The
PRECEDENTS
[Insert date] Dear [insert name of director], Special notice of proposed resolution to remove director from office: [insert company name] [Limited OR PLC] (the Company) I am writing to inform you, in accordance with section 169(1) of the Companies Act 2006 (the CA 2006), that the Company has received special notice
PRECEDENTS
You recently came to see us/contacted us as a director of a company in financial difficulties. The purpose of this letter is to bring to your attention some issues that you should be aware of in your capacity as a director of the company and/or in your personal capacity as a director. If a company is solvent and has no financial concerns then, broadly speaking, the company and its directors owe fairly limited duties to creditors. The duties to shareholders take precedence. However, when a company is insolvent, or is in the ‘twilight zone’, then the directors’ duties shift from being primarily owed to shareholders to creditors. You must be aware of this and act accordingly. Taking the above into consideration, if you are a director of a company in financial difficulties you will need to make difficult decisions regarding the management of the company and, in particular, the treatment of its creditors. You may also find yourself in a situation where there is a conflict between your own personal
PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. [On headed paper] [Insert date] [Insert details and address of enquirer] Authority’s
PRECEDENTS
Dear [insert organisation name] Our client: [client’s full name] Property: [address] We act for [client’s full name] in connection with divorce
PRECEDENTS
Dear [Insert] Re: [Name of Client/Name of Claimant] You will be aware from the Court timetable that we provided you with that you are required by the court to conduct a discussion of this case with [Insert eg the claimant’s/defendant’s expert] for the purposes set out in the Rules (CPR 35.12). The purpose of discussions between experts is to: • identify and discuss the expert issues in the proceedings; • reach agreed opinions on those issues and, if that is not possible, narrow the issues; • identify those issues on which they agree and disagree and summarise their reasons for disagreement on any issue; • identify what action, if any, may be taken to resolve any of the outstanding issues between the parties. They are not to seek to settle the proceedings. Arrangements for
PRECEDENTS
Dear [expert’s name] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert date of birth] Date of Accident/incident/negligent treatment [delete as required]: [Insert date] I write further to previous correspondence. As you are aware, the case concerns: [insert details] I anticipate that the likely issues in the case will be: [insert main issues] [As such, I will require expert evidence from you on the following: [insert: eg liability and causation, condition and prognosis, etc] Your report(s) will need to deal with: [insert details] In acting in the case you will be required to: • liaise with any other expert instructed on our behalf in respect of: [insert details] • comment upon the defence and the witness statements and disclosure
PRECEDENTS
[Name and address of recipient] Date: [insert date] Dear [Members OR Organisation name OR Directors OR Individual name] [insert company name][LTD OR PLC] — striking off
PRECEDENTS
To: The persons listed in Schedule 1 to this letter [insert names of Lenders] From: [insert name of solicitors for the Creditors' Committee or the name of the Chair] Date: [insert date] Appointment of Creditors' Committee We refer to the discussions at the meeting of creditors convened by [insert name of debtor company] (the Company) to discuss the proposed restructuring. 1 Definitions and interpretation 1.1 Definitions In this letter, unless otherwise provided: Business Day • means a day other than Saturday, Sunday and public holidays when clearing banks generally are open for business in London; Chair • means the Lender appointed to chair the Creditors' Committee under the Creditor's Committee Agreement; Commitment • means (a) any undrawn amount which a Lender has committed to make available to the Company (but excluding any undrawn uncommitted amounts); (b) the principal amount of a Lender's participation in any utilisation by the Company, in each case under the Finance Documents; Committee Member • means those Lenders which have agreed to become Committee Members under the Creditors' Committee Agreement including the Chair as listed in Schedule 2; Creditor • means any actual, contingent or prospective creditor of the Company; Creditors' Committee
PRECEDENTS
[enter name of newspaper] [enter address of newspaper] The late [enter name of deceased] Dear [enter organisation name] We enclose: