Letter before claim: negligence or breach of duty

by Practical Law Dispute Resolution in association with Herbert Smith Freehills LLP

This documents is an example letter before claim, drafted in accordance with the Practice Direction on Pre-action Conduct and Protocols. It can be used as a starting point by a prospective claimant's solicitors where the claimant has a potential negligence or breach of a contractual or statutory duty claim and where the matter is not governed by a specific pre-action protocol. This document has been drafted to comply with the Practice Direction on Pre-action Conduct and Protocols (Pre-action PD). It provides guidance on key pre-action considerations, including whether to give notice, how to approach unrepresented defendants in line with SRA standards, and when it may be appropriate to incorporate provisions from other protocols, such as the Professional Negligence PAP. It includes optional paragraphs on funding arrangements, instructing an expert, and alternative dispute resolution (ADR), reflecting the court's power to order engagement in ADR following the decision in Churchill.