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Demand Letter Negligence for the United Kingdom

Demand Letter Negligence Template for England and Wales

A formal written communication under English and Welsh law that puts a party on notice regarding a negligence claim. The letter outlines the incident, explains how the recipient's actions or omissions constituted negligence, details the resulting damages, and demands specific remedial action or compensation. It serves as a crucial pre-litigation document and must comply with the Civil Procedure Rules' pre-action protocols.

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Demand Letter Negligence

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What is a Demand Letter Negligence?

A Demand Letter Negligence is a critical pre-litigation document used in England and Wales when seeking compensation for losses caused by another party's negligence. It serves as the first formal step in pursuing a legal claim and must comply with the Civil Procedure Rules' pre-action protocols. The letter should clearly establish the duty of care, demonstrate how it was breached, show causation, and quantify damages. It's essential to send this before commencing court proceedings and can often lead to settlement negotiations, potentially avoiding litigation.

What sections should be included in a Demand Letter Negligence?

1. Recipient Details: Full name and address of the party being put on notice

2. Incident Details: Clear description of the incident including date, time, and location

3. Basis of Claim: Explanation of how duty of care arose and was breached, citing relevant legislation including Limitation Act 1980 and Civil Procedure Rules

4. Damages Suffered: Detailed breakdown of losses and damages being claimed

5. Demand: Clear statement of what is being demanded (compensation amount)

6. Response Timeline: Deadline for response and consequences of non-compliance

What sections are optional to include in a Demand Letter Negligence?

1. Previous Correspondence: Reference to prior communications, if any exists between the parties

2. Expert Opinion: Reference to expert reports or professional opinions supporting claim, when available

3. Insurance Details: Reference to relevant insurance policies, when applicable to the claim

What schedules should be included in a Demand Letter Negligence?

1. Evidence Pack: Photographs, witness statements, or other documentary evidence supporting the claim

2. Medical Reports: If personal injury is involved, medical documentation and expert opinions

3. Cost Breakdown Schedule: Detailed calculation and itemization of damages claimed

4. Expert Reports: Any professional assessments or evaluations supporting the claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Demand Letter

Sector

Marketing

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Limitation Act 1980: Primary legislation governing time limits for bringing negligence claims. Section 2 provides a 6-year limitation period for general negligence claims, while Section 11 sets a 3-year limit for personal injury cases.

Civil Procedure Rules (CPR): Procedural rules governing civil litigation in England and Wales, including pre-action protocols and Practice Direction on Pre-Action Conduct which must be followed before formal legal proceedings.

Law Reform (Contributory Negligence) Act 1945: Legislation governing cases where the claimant may have contributed to their own loss, allowing for reduction in damages based on the degree of contribution.

Donoghue v Stevenson [1932]: Landmark common law case establishing the modern principles of negligence: duty of care, breach of duty, causation, and damages.

Caparo v Dickman [1990]: Key case establishing the three-part test for duty of care in negligence: foreseeability, proximity, and whether it is fair, just and reasonable to impose a duty.

Consumer Rights Act 2015: Relevant legislation if the negligence claim involves consumer rights or services, establishing standards for goods and services.

Occupiers' Liability Acts 1957 and 1984: Legislation establishing the duty of care owed by occupiers of premises to visitors and trespassers, relevant for premises-related negligence claims.

Data Protection Act 2018: Relevant if the negligence claim involves mishandling of personal data or breach of data protection obligations.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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