Letter before claim breach of contract PDF

Preview

Summary

Sample letter before claim for a breach of contract...

Description

Document title: Letter before claim: breach of contract (actual and repudiatory).

[ON HEADED NOTEPAPER OF CLAIMANT'S SOLICITORS] [For the attention of the [Senior Manager OR Directors and Company Secretary]] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [NAME(S) OF ADDRESSEE(S)], [PROSPECTIVE CLAIMANT'S NAME]: claim for breach of contract [BRIEF DETAILS] We act for [FULL NAME OF CLAIMANT] of [ADDRESS] in relation to [[his][her] OR [its]] claim against [you OR [NAME OF DEFENDANT]] for breach of contract relating to [BRIEF DETAILS OF SUBJECT MATTER OF CONTRACT OR AGREEMENT]. We refer to [SPECIFY ANY RELEVANT PRIOR CORRESPONDENCE]. [This letter is being sent to [you OR [NAME OF DEFENDANT]] in accordance with the Practice Direction on Pre-action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, we refer [you OR [NAME OF DEFENDANT]] to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our client commencing proceedings against [you OR [NAME OF DEFENDANT]] and may increase [your OR [NAME OF DEFENDANT]'s] liability for costs.] Breach of the contract On [DATE], [you OR [NAME OF DEFENDANT]] entered into a [contract OR agreement] with our client for the [SET OUT SUMMARY OF THE SUBJECT MATTER OF CONTRACT]. Under this contract, [you OR [NAME OF DEFENDANT]] agreed, in particular, [SET OUT MATERIAL TERMS OR PROMISE] at a price of [CONSIDERATION]. In [repudiatory] breach of the contract, [you OR [NAME OF DEFENDANT]] [SET OUT DETAILS OF [REPUDIATORY] BREACH AND OF ANY ACCEPTANCE OF REPUDIATION OR DISCHARGE OF CONTRACT]. By reason of the [repudiatory] breach of contract outlined above, our client has suffered loss and damage. In the circumstances, [you OR [NAME OF DEFENDANT]] are liable to our client for damages for breach of contract. At the date of this letter, the amount due is £[AMOUNT] plus interest. [We have calculated the amount due on the basis of [SET OUT HOW AMOUNT HAS BEEN CALCULATED]. The interest has been calculated on the basis of [SET OUT HOW INTEREST HAS BEEN CALCULATED] from [DATE FROM WHICH INTEREST IS DUE] in the amount of £[AMOUNT]. The total amount due from [you OR [NAME OF DEFENDANT]] to our client is therefore £[TOTAL AMOUNT]. Interest continues to accrue at the daily rate of [PERCENTAGE]%.]

1

Relevant documents We enclose copies of the following documents that are relevant to this matter: 1. [LIST THE COPY DOCUMENTS ENCLOSED WITH THIS LETTER.] Please provide to us within [14] days copies of the following documents, which we believe are relevant to this matter and are likely to be in [your OR [NAME OF DEFENDANT]'s] control: 2. [LIST RELEVANT DOCUMENTS AND DOCUMENT TYPES REQUESTED.] This is not purported to be an exhaustive list of documents relevant to this matter. Please confirm that [you OR [NAME OF DEFENDANT]] will take proper and appropriate steps to ensure no relevant documents, including electronic documents, that are in [your OR [NAME OF DEFENDANT]'s] control, are altered, lost, destroyed or disposed of pursuant to paragraph 7 of CPR Practice Direction 31B. [Funding arrangements [You OR [NAME OF DEFENDANT]] should note that our client has obtained [INSERT REFERENCE TO ANY OR ALL OF ANY THIRD PARTY FUNDING ARRANGEMENT, CONDITIONAL FEE ARRANGEMENT AND AFTER-THE-EVENT INSURANCE POLICY AND WHETHER YOU INTEND TO SEEK TO RECOVER ANY RELATED ADDITIONAL LIABILITIES FROM THE DEFENDANT].] [Alternative dispute resolution [SET OUT THE FORM OF ADR (IF ANY) THAT THE CLAIMANT CONSIDERS THE MOST SUITABLE AND INVITE THE DEFENDANT TO AGREE TO THIS.] [Instructing an expert We propose that one of the following experts be jointly instructed as [a single joint expert OR an agreed expert] in the field of [SPECIFY FIELD], on the issue of [SPECIFY ISSUE]: [LIST PROPOSED EXPERTS.]] Action required Payment of the full amount due should be remitted to the following account within [21] days of the date of this letter: [CLAIMANT'S SOLICITORS' ACCOUNT DETAILS.] [If [you OR [NAME OF DEFENDANT]] do not consider the amount set out in this letter to be due to our client, an acknowledgment to this letter should be provided within [14] days of receipt, namely by [DATE]. [Your OR [NAME OF DEFENDANT]'s] full response to this letter should be provided no later than [21] days after the date of this letter, namely by [DATE].

2

OR We look forward to receiving confirmation that [you accept OR [NAME OF DEFENDANT] accepts] liability for these matters, together with a full written proposal for settlement of our client's claim, within [21] days of the date of this letter, namely by [DATE].] [In the absence of a full response by that date, we are instructed to issue and serve proceedings without further notice.] Our client reserves all its rights, including the right to commence proceedings against [you OR [NAME OF DEFENDANT]] (without further reference to [you OR [NAME OF DEFENDANT]] should that prove necessary) for breach of contract and to seek an order for [damages OR the total amount due] plus interest and costs. [As set out above, ignoring this letter may lead to our client starting proceedings against [you OR [NAME OF DEFENDANT]] and may increase [your OR [NAME OF DEFENDANT]'s] liability for costs.] Yours faithfully, ................................................................ [NAME OF CLAIMANT'S SOLICITORS]

3...