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Dispute and the CPR

Written by Michael Coyle on 08 December 2013

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The CPR comprises:-

• The rules themselves found here http://www.justice.gov.uk/courts/procedure-rules/civil

• Practice directions, which supplement and clarify the rules, and explain how the rules work in practice.

• Pre-action protocols, setting out the best practice to be followed before an action is commence

In essence when any dispute has arisen it is important to send a detailed letter of claim which seeks to explain the following ( at the very least) and failure to adhere to such detail may well result in an adverse costs order being made against you.   To include in any letter of claim, we shall require the following:-

Your full name and address.

Why the defendant is liable ie what is your complaint, based on a clear summary of the facts and what we expect from the claim.

A explanation of how any financial loss is calculated.

Details of any funding arrangement entered into by the claimant ie no win no fee.

A list of the essential documents that you intend to rely upon.

The form of ADR (if any) the claimant considers most appropriate

The date by which the claimant considers it reasonable for the defendant to give a full response- min of 21 days in my view.

A list of any documents not in the claimant's possession that the claimant wants to see

You do need to waive the stick and ( if nothing else) leave the Defendant in no doubt that legal action shall be taken.

MJC

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