What is a Letter of Claim?

A Letter of Claim, which is often referred to as a Letter Before Action is the first and most important step that must be taken before the commencement of any Court proceedings.

Once drafted and sent, the Letter of Claim puts the Defendant on notice that the commencement of Court proceedings may be potentially brought on them for a course of action.

The Claimant, or their instructing lawyer, will set out details of the claim in the Letter of Claim and what is sought by the Claimant.

Pre-Action Protocols

There are certain claims which fall under and are therefore subject to Pre-Action Protocols.

Whenever a Pre-Action Protocol applies in any certain case, then the Claimant is expected to follow this and in particular ensure they comply with the Practice Direction on Pre-Action Conduct which can be found in the Civil Procedure Rules 1998.

Below is a list of the types of claims of which there are Pre-Action Protocols.

• Personal injury;
• Resolution of clinical disputes;
• Construction and engineering ;
• Defamation;
• Professional negligence;
• Judicial review;
• Disease and illness;
• Housing disrepair;
• Possession claims by social landlords;
• Possession claims for mortgage arrears;
• Dilapidation of commercial property;
• Low value personal injury road traffic accident claims;
• Low value personal injury employers’ and public liability claims.

Why not just commence Court Proceedings instead of sending a Letter of Claim? Surely this is quicker and less risky?

It really isn’t.

The Courts do not take kindly to parties resorting to Litigation instantly and regard this as the last resort.

Parties in any dispute are encouraged, as far as possible, to resolve their disputes at the earliest stage possible by being transparent in the information and documents they possess or have along with maintaining communication.

If Court proceedings are commenced without sending a Letter of Claim then this can have severe consequences.

For example, if a Claimant was to commence Court proceedings without complying with the Pre-Action Protocol, then if the matter proceeded to trial and the question of costs was raised, then the failure to adhere to the Pre-Action Protocol may have severe costs consequences on the relevant party.

Surely a Letter of Claim sent won’t mean my matter is resolved?

Often a well worded Letter of Claim which sets out the claimant’s claim can, in certain circumstances result in an early resolution without the need of being embroiled in costly Litigation.

The Defendant on receipt of a well drafted Letter of Claim can quickly come to terms with what the nature of the claim is and take the matter seriously with a view of coming to a resolution.

Thus, a well drafted Letter of Claim can have far wider benefits for the Claimant than initially expected.

Are the contents of a Letter of Claim important?

Extremely so.

The contents of the Letter of Claim sets out what the Claimant is seeking from the Defendant.

If a matter proceeded to Court and there are inconsistencies in what is alleged in the Letter of Claim and any Court Claim Form or Witness Statement, then this can have significant effects on the case, and no doubt undermine it.

Therefore, the Letter of Claim is an extremely important document which should be well drafted.

If you require legal advice or assistance regarding the drafting a Letter of Claim, then please do not hesitate to contact Maninder Mann, Solicitor in the Dispute Resolution Team here at Franklins.