Letter of claim in respect of proposed proceedings against a barrister for negligence


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Precedents

Letter of claim in respect of proposed proceedings against a barrister for negligence


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Precedents
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[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]

Our ref: [insert your file reference for this matter]

FAO: [INSERT RELEVANT NAME]

[NAME OF DEFENDANT BARRISTER ]

[ADDRESS LINE 1]

[ADDRESS LINE 2]

[POSTCODE]

[DATE]

Dear [insert name]

[PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME]

LETTER OF CLAIM

[We write further to our letter dated [insert date of your preliminary notice of claim, if sent].]

[That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].]

[We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.]]

    1. 1

      Overview and basis of claim

      1. 1.1

        [As you are aware, w OR W]e act for [insert claimant’s name].

      1. 1.2

        We are instructed that you

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Jurisdiction(s):
United Kingdom
Key definition:
Negligence definition
What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

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