Exam Ready Notes for CORE Module 'Dispute Resolution'!
Civil Litigation Notes for Workshop 2 of the Dispute Resolution Module on the Legal Practice Course (LPC) at the University of Law.
These notes were used for the March 2023 exams, where I achieved a Distinction!
SEE THE BUNDLE PURCHASE...
Thank you for your review! I hope you find the Dispute Resolution notes helpful! All the best in your exams. Please feel free to return back for more LPC notes! Especially for your electives!
Seller
Follow
lpcnotes2024
Reviews received
Content preview
WS2
Pre-action correspondence: Letter of advice and letter before claim
Pre-action correspondence
When the solicitor is satisfied that the client has a valid claim, he should:
(1) Advise the client (LETTER OF ADVICE); and
(2) Obtain instructions to send a letter to the prospective defendant setting out full details of the claim
(LETTER BEFORE CLAIM).
Letters before claim
NOTE: If claimant fails to send letter before claim prior to issuing proceedings , then it is accordingly in breach of
para 6(a) of the Practice Direction, Pre-Action Protocol
If the claim is of a type that is governed by a pre-action approved protocol, the letter should contain all the
information required by the protocol
o Note that in the case of professional negligence, a preliminary notice of claim should be sent first, and
the letter communicating the claim is known as the ‘letter of claim’
Letter before claim under Practice Direction on Pre-action Conduct
Dear
[Heading]
Letter before Claim
Introduction
[‘We act for [full names] of [full address]’]
[‘Our instructions are to recover a debt/damages . . .’]
The facts
[Set out the material background facts, eg relevant contract details.]
Legal basis of claim
[State relevant law such as misrepresentation, breach of contractual term(s), negligence, negligent misstatement, and give brief details.]
Factual basis of claim
[Set out material facts in chronological order, establishing the legal claim, eg the breach of contractual terms or tortious duty.]
Liability/Responsibility
[‘We have advised our clients that your actions on [date] were in breach of clause 3 of the contract and/or negligent and that they are entitled to be
compensated by you.’]
Debt/Damages/Compensation
[Set out details of amount(s) claimed, including any interest due on a debt under a contractual term.]
Documents 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, eg receipts in respect of damages claimed).]
Your documents
[Ask for any relevant documents – list the documents required and explain why they are relevant.]
Alternative Dispute Resolution proposal
[Set out any proposal for ADR that your client wishes to make at this stage, including the method(s) of ADR proposed.]
Practice Direction: Pre-action Conduct
[Enclose copy, if appropriate, and refer to para 16.]
Acknowledgement and response deadline
[‘Please acknowledge safe receipt of this letter promptly and provide a full response by no later than [give a specific date usually 14 days after receipt
but up to three months in a complex case]’ .]
1
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 lpcnotes2024. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.82. You're not tied to anything after your purchase.
