LPC Dispute Resolution WS1 and Seminar 1 (High Distinction 95%) Comprehensive exam notes 2022/ 2023 to assist with exam to include:
1. Letter Before Claim Checklist;
2.Letter Before Claim Template;
3.Alternative Template Letter Before Claim
4.Textbook Letter of Claim Checklist;
5.Textbook Pr...
lpc dispute resolution ws2 and seminar 2 high distinction 95 comprehensive exam notes 2022 2023
Written for
LPC - Legal Practice Course
LPC - Legal Practice Course
LPC - Legal Practice Course
All documents for this subject (363)
Seller
Follow
osmanvkaka
Content preview
1. Letters Before Claim1
Civil Litigation, 3.8.3
The Letter Before Claim is a letter sent to the prospective defendant which sets out full details of the
allegations against the Defendant.
A common exam question is to draft a Letter Before Claim on the basis of facts provided. We recommend
that you follow the below checklist, whilst making reference to the enclosed template and the exemplars
provided in Workshop.
Letter Before Claim Checklist
Names and Address of your firm (top right).
Addresses of the Address of the other side’s solicitors (if other side is represented), or the other side
Parties (left hand side).
Dear… Defendant’s name or
“Sirs” – if writing to a solicitors’ firm or company 2.
“Letter before Head with – “Letter Before Claim”.
Claim”
Introduction “We act for/we are instructed by… [name] of [address].
This is a Letter Before Claim in accordance with the Practice Direction – Pre-Action
Conduct and Protocols in the Civil Procedure Rules (“the Practice Direction”). We are
instructed to… [remedy sought + why].
Background Set out the material background facts, e.g., relevant contract details.
When did the parties enter into the contract?
What did the parties agree under the contract?
What actually happened – what was the purported performance?
What problems did that cause?
Legal Basis of State relevant law such as, for example: misrepresentation, breach of contract,
Claim negligence, negligent misstatement, and give brief details.
E.g. The Supply of Goods and Services Act 1982 implied terms into the
contract that…
These terms were breached.
Factual Basis Set out material facts in chronological order, establishing the legal claim, e.g., the
breach of contractual terms or tortious duty.
E.g. “the books were not printed with reasonable care and skill. In particular,
the binding agent used by you in laminating the Finished Books was only
45% of its proper strength… etc.”.
Key – Particularise your allegations. What specific facts are you alleging
breached the contract?
Consequences of What problems did the breach of contract cause?
the Breach E.g., inability to trade – sell books/open your restaurant etc. – Loss of profits.
Damage to reputation.
Necessity to enter into another contract to minimise losses.
1
Workshop 2, Task 2.
2
It is increasingly common for firms to use gender neutral language to refer to a corporate recipient. An alternative to using “Sirs”
may be to use the name of the firm you are writing to, e.g., “Dear University of Law”. It is ultimately up to your firm, and in the case
of the LPC, your LPC institution, as to how this should be styled.
, Responsibility Confirm that the Claimant considers the Defendant to have responsibility for the
above consequences and that, as such, the Claimant is entitled to a remedy from
the Defendant.
Losses Suffered/ Set out details of amount(s) claimed, including any interest due on a debt under a
Remedy contractual term.
Required Quantify the losses – how much are you seeking?
How has this been calculated?
Documents The claimant should include essential documents to evidence his claim.
Enclosed [‘The following documents are relied on by our client in support of the claim and
copies are enclosed’ (list relevant documents and state what issue each supports,
e.g. receipts in respect of damages claimed).]
Request any Ask for any relevant documents – list the documents required and explain why they
Documents from are relevant.
the Defendant
Proposal for Set out any proposal for ADR that your client wishes to make at this stage, including
ADR, if the method(s) of ADR proposed.
Appropriate Check the client’s instructions on this.
Acknowledgment Likely to be 14 days for acknowledgment, 30 days for substantive reply.
/ “Please acknowledge receipt of this letter promptly and by no later than 26 October
Response 20--. Please provide a substantive response to this letter by 9 November 20--”.
Outline what happens if no response is received:
“If you do not respond substantively by 9 November 20-- we are instructed to
commence legal proceedings without further reference to you. Our client reserves
the right to bring this letter to the attention of a judge on the question of costs”.
Practice Refer the Defendant to the relevant Practice Direction and draw attention to
Direction / paragraph 16 concerning the court’s powers to impose sanctions for a failure to
Suggest comply with the practice direction.
Defendant takes “You should also be aware that pursuant to the Practice Direction a court may
Legal Advice impose sanctions, including in relation to costs and interest, for non-compliance
with its contents. We suggest that you consult a solicitor before responding to this
letter”.
Suggest that an unrepresented claimant seeks legal advice.
Yours faithfully Sign off as the firm.
“Yours faithfully,
ULaws LLP”
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller osmanvkaka. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.86. You're not tied to anything after your purchase.
