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Pre Action Letter Breach Of Contract Template for England and Wales

A Pre-Action Letter for Breach of Contract is a formal written notice sent under English and Welsh law before commencing legal proceedings. It outlines the nature of the contractual breach, details the losses suffered, and specifies the remedy sought. This document is a mandatory step in the pre-action protocol under the Civil Procedure Rules, designed to encourage parties to resolve disputes without court proceedings and to facilitate the exchange of information if litigation becomes necessary.

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What is a Pre Action Letter Breach Of Contract?

The Pre Action Letter Breach Of Contract is a crucial document in English and Welsh contract law, serving as the initial formal step in dispute resolution. It must be sent before initiating court proceedings, as required by the Civil Procedure Rules' pre-action protocols. The letter should clearly identify the contract, detail the breach, specify losses incurred, and propose a remedy. It typically gives the recipient a reasonable time to respond and demonstrates to the court that the sender has attempted to resolve the dispute before litigation.

What sections should be included in a Pre Action Letter Breach Of Contract?

1. Recipient Details: Full name and address of the party in breach

2. Contract Reference: Details of the contract including date and parties

3. Breach Description: Clear description of how the contract has been breached, with reference to specific contract terms

4. Loss Suffered: Details of losses incurred due to the breach, including quantification where possible

5. Remedy Sought: Clear statement of what action is required to remedy the breach

6. Deadline: Reasonable timeframe for response or remedy, typically 14 days

What sections are optional to include in a Pre Action Letter Breach Of Contract?

1. Previous Correspondence: Reference to prior attempts to resolve the matter and summary of key communications

2. Interest Calculation: Details of interest claimed on monetary losses, including calculation method

3. Legal Costs: Statement regarding legal costs incurred and intention to recover these costs

What schedules should be included in a Pre Action Letter Breach Of Contract?

1. Contract Copy: Copy of the original contract marked as Appendix A

2. Evidence of Breach: Documentary evidence supporting the breach claim marked as Appendix B

3. Loss Documentation: Evidence of losses claimed marked as Appendix C

4. Correspondence Log: Chronological record of relevant communications marked as Appendix D

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

Jurisdiction

England and Wales

Publisher

Genie AI

Sector

Marketing

Cost

Free to use

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