Professional Negligence Pre-Action Protocols

Step Two - Letter Of Claim

Once you have decided there are grounds for a claim against the professional, you should write a detailed Letter of Claim to the professional.

The Letter of Claim will normally be an open letter (as opposed to being ‘without prejudice’) and should include the following :

  • The identity of any other parties involved in the dispute or related dispute.
  • A clear chronological summary, including key dates, of the facts on which your claim is based. All key documents should be identified, copied and enclosed.
  • Any reasonable requests for documents relevant to the dispute which are held by the professional.
  • The allegations against the professional, specifying what has been done wrong or not been done. Details of what the professional should have done if acting correctly?
  • Explanation of how the alleged error caused the loss you are claiming. Include details of what happened as a result of you relying upon what the professional did wrong or omitted to do, and what might have happened if the professional had acted correctly.
  • An estimate of the financial loss you suffered and how it is calculated. Supporting documents should be identified, copied and enclosed. If details of the financial loss cannot be supplied, you should explain why and state when you will be in a position to provide the details. This information should be sent to the professional as soon as reasonably possible. If you are seeking some form of non-financial redress, this should also be made clear.
  • Confirmation of whether or not an expert has been appointed. If so, you should provide the identity and discipline of the expert, together with the date upon which the expert was appointed.
  • A request for a copy of the Letter of Claim be forwarded immediately to the professional's insurers, if any.

See here for Step Three - Letter of Acknowledgment