Pre-Action Protocol: 11 Sample Notification Letters & Guide

The Pre-Action Protocol is a crucial step in UK civil litigation, designed to encourage early settlement and avoid unnecessary court proceedings. It involves a potential claimant notifying the potential defendant of their intention to bring a claim, outlining the basis of the claim, and providing relevant information and documents. This allows the defendant to investigate the claim and respond, ideally leading to a resolution without the need for court intervention.

A well-drafted notification letter is paramount for demonstrating compliance with the Pre-Action Protocol. Failure to comply can result in penalties, such as cost sanctions. This guide provides 11 sample letters, each tailored for different scenarios, to assist you in drafting effective and compliant notifications. Remember that these are samples and should be adapted to the specifics of your case.

Sample Letters of Notification of Pre-Action Protocol

Sample Letter 1: Breach of Contract

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Defendant Name/Company Name]
[Defendant Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Defendant Name],

Re: Breach of Contract – [Subject of Contract]

We write regarding the contract dated [Date of Contract] concerning [Subject of Contract]. We believe you are in breach of this contract due to [Clearly explain the breach].

Specifically, [Provide details of the breach, e.g., failure to deliver goods, non-payment, defective workmanship]. This has resulted in [State the losses incurred as a direct result of the breach].

We require you to [State what you want the defendant to do, e.g., remedy the breach, pay damages]. Please provide a written response to this letter within 14 days setting out your position.

Failure to respond or take appropriate action may result in us commencing legal proceedings without further notice.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 2: Debt Recovery

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Debtor Name]
[Debtor Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Debtor Name],

Re: Outstanding Debt of £[Amount]

We are writing to you concerning the outstanding debt of £[Amount] which is owed to us as a result of [Explain the basis of the debt, e.g., unpaid invoice, loan agreement].

Our records show that invoice number [Invoice Number] dated [Date of Invoice] remains unpaid.  We have attached a copy of the invoice for your reference.

We require you to pay the outstanding amount of £[Amount] within 14 days of the date of this letter.  You can make payment by [Explain payment methods, e.g., bank transfer, cheque].

If you are unable to pay the full amount, please contact us within 7 days to discuss a payment plan.  Failure to respond or make payment may result in us commencing legal proceedings to recover the debt.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 3: Negligence

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Defendant Name/Company Name]
[Defendant Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Defendant Name],

Re: Negligence Claim – [Brief Description of Incident]

We are writing to you concerning an incident that occurred on [Date of Incident] at [Location of Incident] where you acted negligently, causing [State the injury or damage].

Specifically, [Explain the negligent act or omission, e.g., failure to maintain premises, negligent driving]. As a direct result of your negligence, we have suffered [State the losses incurred, e.g., personal injury, property damage].

We believe you are liable for these losses and request that you acknowledge your liability and propose a settlement within 21 days.  We have enclosed [Mention any supporting documentation, e.g., medical reports, repair estimates].

Failure to respond or acknowledge liability may result in us commencing legal proceedings to recover our losses.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 4: Defective Goods

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Seller Name/Company Name]
[Seller Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Seller Name],

Re: Claim for Defective Goods – [Description of Goods]

We are writing to you concerning the [Description of Goods] purchased from you on [Date of Purchase] under invoice number [Invoice Number].  These goods are defective.

Specifically, [Describe the defect in detail, e.g., non-functioning, broken, not as described].  This defect was discovered on [Date of Discovery].

As the goods are defective, we are entitled to a refund, repair, or replacement. We request that you provide us with your preferred solution within 14 days.  We have enclosed [Mention any supporting documentation, e.g., photographs of the defect, expert reports].

Failure to respond or provide a satisfactory solution may result in us commencing legal proceedings to enforce our consumer rights.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 5: Property Damage

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Defendant Name/Company Name]
[Defendant Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Defendant Name],

Re: Property Damage at [Location]

We are writing to you concerning damage caused to our property located at [Location] on [Date of Incident] as a result of [Explain how the damage occurred, e.g., water leak from neighboring property, tree falling from your land].

The damage includes [Describe the damage in detail, e.g., water damage to walls and ceilings, broken fence]. We have obtained a quotation for repairs from [Name of Contractor] in the amount of £[Amount].  A copy of the quotation is enclosed.

We believe you are liable for the damage and request that you pay for the cost of repairs within 21 days.

Failure to respond or arrange for repairs may result in us commencing legal proceedings to recover our losses.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 6: Professional Negligence

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Defendant Name/Company Name]
[Defendant Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Defendant Name],

Re: Professional Negligence Claim – [Description of Services]

We are writing to you concerning the professional services you provided to us in relation to [Description of Services] between [Start Date] and [End Date]. We believe you acted negligently in providing these services.

Specifically, [Explain the negligent act or omission, e.g., incorrect advice, failure to perform agreed services].  This negligence has resulted in [State the losses incurred as a direct result of the negligence].

We require you to investigate this matter and provide a written response to this letter within 28 days, setting out your position. We have enclosed [Mention any supporting documentation, e.g., contract, relevant correspondence].

Failure to respond or acknowledge liability may result in us commencing legal proceedings to recover our losses.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 7: Data Protection Breach

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Defendant Name/Company Name]
[Defendant Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Defendant Name],

Re: Data Protection Breach – [Description of Breach]

We are writing to you concerning a data protection breach that occurred on [Date of Breach] which has impacted our personal data.

Specifically, [Explain the details of the breach, e.g., unauthorised access to personal data, disclosure of personal data to third parties].  We believe this breach was caused by your failure to [Explain the alleged failure, e.g., implement adequate security measures].

We require you to provide us with full details of the breach, including the measures you are taking to prevent future breaches. We also require you to confirm what personal data was affected and what steps you have taken to mitigate any potential harm.  Please respond within 14 days.

Failure to respond adequately may result in us reporting this matter to the Information Commissioner's Office (ICO) and commencing legal proceedings to seek compensation for any losses suffered as a result of the breach.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 8: Landlord & Tenant Dispute (Rent Arrears)

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Tenant Name]
[Tenant Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Tenant Name],

Re: Rent Arrears at [Property Address]

We are writing to you concerning the outstanding rent arrears relating to the property at [Property Address].

Our records show that you are currently £[Amount] in arrears. This represents [Number] months' rent.

We require you to pay the outstanding arrears within 14 days.  Failure to do so may result in us commencing possession proceedings to recover the property.

We are willing to discuss a payment plan if you are experiencing financial difficulties. Please contact us within 7 days to discuss this.

Yours sincerely,

[Your Name/Company Representative Name]

Sample Letter 9: Landlord & Tenant Dispute (Repair Obligations)

[Your Name/Company Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Landlord Name]
[Landlord Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Landlord Name],

Re: Repair Obligations at [Property Address]

We are writing to you concerning your failure to fulfill your repair obligations at the property located at [Property Address].

We have previously notified you of the following repairs that are required: [List the required repairs, e.g., leaking roof, broken boiler, damp].  These repairs were reported to you on [Date(s) of Reporting].

Your failure to carry out these repairs is a breach of your tenancy agreement.  We require you to commence these repairs within 14 days.

Failure to do so may result in us taking legal action to enforce your repair obligations and seek compensation for any damages suffered as a result of your breach.

Yours sincerely,

[Your Name/Tenant Name]

Sample Letter 10: Boundary Dispute

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Neighbor Name]
[Neighbor Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Neighbor Name],

Re: Boundary Dispute at [Property Addresses]

We are writing to you concerning the boundary between our properties located at [Your Address] and [Neighbor Address].

We believe the boundary line is incorrectly marked and that you have encroached upon our land by [Describe the encroachment, e.g., building a fence on our property, extending your garden beyond the true boundary].

We have obtained a survey from [Name of Surveyor] which confirms our understanding of the boundary line. A copy of the survey is enclosed.

We require you to remove the encroachment within 21 days.  Failure to do so may result in us commencing legal proceedings to resolve this boundary dispute.

Yours sincerely,

[Your Name]

Sample Letter 11: Will Dispute / Inheritance Claim

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email]

[Date]

[Executor Name]
[Executor Address]

PRIVATE & CONFIDENTIAL – SUBJECT TO PRE-ACTION PROTOCOL

Dear [Executor Name],

Re: Claim Against the Estate of [Deceased's Name], Deceased

We are writing to you as the Executor of the Estate of [Deceased's Name], who passed away on [Date of Death].

We believe we have a valid claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

We were [State your relationship to the deceased, e.g., the deceased's child, spouse, dependant] and believe that the will of [Deceased's Name] does not make reasonable financial provision for us.  We are in financial need due to [Explain your financial circumstances].

We require you to provide us with a copy of the will and a full inventory of the estate's assets.  Please respond within 28 days.

Failure to provide this information or make reasonable provision for us may result in us commencing legal proceedings to make a claim against the estate.

Yours sincerely,

[Your Name]