Letter Before Action for Defendant
Before a claim is brought against you, you should be notified that there is a potential claim pending in a formal notice called a Letter Before Action.
This letter should include details of the potential claim and what actions you allegedly took, or failed to take as company director.
If you have not yet received a Letter Before Claim but are expecting legal action to be taken, or if you have already received the letter, please get in touch with our solicitors at the earliest opportunity.
There is a limited timeframe in which to respond to a solicitor’s Letter Before Action and how you respond can significantly impact your legal position.
Our claims against company directors’ specialists can advise you on the best response to protect your business interests and guide you through any subsequent legal proceedings.
We offer a full range of related services, including:
- Reviewing a Letter Before Action
- Drafting a response to a Letter Before Action
- Alternative Dispute Resolution
- Court proceedings
For immediate, expert advice on letters before action, you can contact your local Isadore Goldman office in London, Norwich or Portsmouth or email info@isadoregoldman.com.
Reviewing a Letter Before Action
A Letter Before Action sent to a business or individual is a formal notice indicating intent to commence legal proceedings unless a specified issue is resolved.
It outlines the claim, proposes corrective actions such as the repayment of any debts owed, and provides a timeframe for response, aiming to settle disputes without court involvement.
If you have been sent a Letter of Claim, our solicitors can assist you with reviewing the contents and deciding the best course of action.
We will review the contents of the Letter Before Action to understand the nature of the claim, the allegations, and the legal basis for the claim.
We will assess the merits of the claim, considering the facts and evidence you have provided and advise on the strength of the case.
Our solicitors will ensure the letter is responded to within the correct time frame and in line with your best interests.
Drafting a response to a Letter Before Action
Drafting a response to a Letter Before Claim is a crucial part of the process, as it will clarify any information you believe to be inaccurate and outline what steps you are taking next.
Our solicitors can draft a formal response to a Letter Before Action addressing the claims made and refuting any inaccuracies.
Most importantly, the response will give you the opportunity to request any further information you may need to address the claim and the opportunity to present a resolution, ideally avoiding litigation where possible.
Alternative Dispute Resolution
If we do not think it is in your best interests to settle the matter straight away, we can assist with proposing Alternative Dispute Resolution methods to resolve the matter between both parties.
If it is a Letter Before Action for a debt claim, you may wish to dispute the debt or part of it or try to agree on new payment terms.
Our solicitors can engage in negotiations with the claimant's solicitor to reach a settlement that may avoid the need for court action.
If appropriate, we may suggest alternative dispute resolution methods, such as mediation, to resolve the issue amicably. This can help to protect your working relationship moving forward if it is in your commercial interest to do so.
Court proceedings
Where possible, we will attempt to resolve matters using Alternative Dispute Resolution Methods to avoid the time and costs associated with court proceedings.
However, where litigation is unavoidable, we have specialist solicitors with years of expertise who can represent you in court proceedings.
We will explain the process and what to expect and then put together a formal defence on your behalf. We will give you an honest assessment of your position and the best options available to you.
We have the expertise to represent you in court to ensure you receive a fair outcome and aim to settle the matter.
Contact our expert letter before action solicitors
For clear and pragmatic advice on letters before action, contact our team today. You can get in touch at one of our offices in Norwich, Portsmouth or London or email info@isadoregoldman.com.