APIL Model Letters for Personal Injury Lawyers 2nd edition

Authors	John McQuater
Publisher	Jordan Publishing
Product	APIL Model Letters for Personal Injury Lawyers 2nd edition Paperback+CD	£60

March 2008

Features

Model Letters for Personal Injury Lawyers is a collection of over 200 expertly drafted, time-saving letters for use by all claimant PI lawyers in their day-to-day case administration. These letters provide a comprehensive work flow system to guide the reader through all the stages of a personal injury claim, from initial instructions through to resolution of the claim. The letters are also designed to deal with many of the practical problems that can arise in the conduct of a personal injury claim taking account of the requirements of the pre-action Protocol, the Civil Procedure Rules and relevant case law. The letters will ensure the claim is progressed and issues relating to liability, quantum and general tactics are dealt with effectively whilst keeping the client fully advised throughout.

The letters cover all major areas of PI practice and are grouped within the following categories:

• Client Care
• Initial Steps and the Pre-action protocol
• Evidence
• Quantum
• Proceedings
• Trial
• Appeals

This new edition has been extensively revised and updated and takes on board significant changes to the conditional fee regime and the referral fee code, the introduction of predictable costs and developments in case-law affecting, amongst other things, part 36 offers in the light of such cases as Crouch v King's Healthcare NHS Trust.

Includes Letters on CD

APIL Model Letters for Personal Injury Lawyers comes complete with a CD-ROM containing all the letters from the book.

Author Information

John McQuater, Solicitor and Partner, Atherton Godfrey; Fellow of the College of Personal Injury Law

List of model letters included

SECTION ONE: CLIENT CARE AND INSTRUCTIONS

Initial Letters

Letter to Client - confirming initial appointment

Letter to Client's legal expenses insurers - seeking clarification of cover

Client Care Letters

Letter to Client - client care (offering CFA)

Details of Charges and Expenses

Letter to Client - client care (not offering CFA)

Letter to Client – following arrangements for funding

Authorities and Confirmation of Instructions

Authority - to confirm instructions on advice given

Authority - to confirm instructions on report

Authority - to confirm instructions on information

Authority - for release of information

SECTION TWO: INITIAL INVESTIGATIONS

Client’s Statement

Letter to Client - sending statement

Letter to Client - sending amended statement

Witnesses

Letter to Witness

Witness Questionnaire - RTA

Witness Questionnaire – non RTA

Letter to Witness - sending statement for approval

Police

Letter to Police - requesting police accident report

Letter to Client - sending copy police report

Letter to Police - requesting photographs

Letter to Court - requesting memorandum of conviction

HSE

Letter to HSE - checking report of accident

Letter to Client – when HSE have no information

Letter to Client – on receipt of HSE information

Photographs

Letter to Photographer - illustration of injuries

Letter to Photographer - to illustrate scene of accident

Letter to Client - confirming instructions to photographer

Letter to Client - on receipt of photographs

Other enquiries

Letter to Non-defendant - locus/documents

Letter to Non-defendant - property/documents

Letter to School - for school report letter

Letter to Coroner

Letter to Police – animal case

Letter to Council - animal case

Advising the Client

Letter to Client - summary of initial steps in accident claim

Letter to Client - summary of initial steps in fatal claim

SECTION THREE: MEDICAL EVIDENCE

Advising the Client and Getting Medical Records

Letter to Client - confirming instructions to medical expert

Application for hospital records

Authority for GP records

Letter to Client - concerning proposed joint expert

Letter to Hospital - requesting records

Letter to GP – requesting records

Letter to Client - on receipt of medical records

Letter to Expert - enclosing medical records

Instructions to Medical Expert

Letter to Expert – instructions to provide medical report - accident

Letter to Expert – instructions to provide medical report – industrial disease

Letter to Expert – instructions to provide supplemental medical report

Appointment with Medical Expert

Letter to Client - confirming appointment with Expert

Letter to Expert - confirming arrangements/agreeing terms

Receipt of Medical Report

Letter to Expert - acknowledging receipt of report

Letter to Client - sending favourable medical report

Letter to Client - sending unfavourable medical report/recommending second opinion

Letter to Client - sending supplemental/further report

SECTION FOUR: EXPENSES AND LOSSES

Earnings Details

Letter to Non-defendant employers - for earnings details

Letter to Non-defendant employers - acknowledging receipt of earnings details

Letter to Client - to check earnings details

Tax and NI Records

Letter to Client - sending authorities for IR and DSS information

Letter to Inland Revenue - requesting revenue schedule

Letter to Department of Work and Pensions - requesting NI records

Letter to Client - with IR/NI information

The Schedule

Letter to Client - sending schedule of expenses and losses for approval

Compensation Recovery

Letter to Compensation Recovery Unit - notifying claim

Letter to Client - on receipt of initial CRU information

Letter to Client - sending up to date CRU information

SECTION FIVE: THE PROTOCOL AND LIABILITY

Letter of Claim

Letter to Opponent - generic letter of claim

Documents paragraphs for the letter of claim

Earnings paragraphs for the letter of claim

Identity paragraphs for the letter of claim

Insurance paragraphs for the letter of claim

Acknowledgment and Decision on Liability

Letter to Opponent - following acknowledgment of letter of claim

Letter to Client - advising of response to letter of claim

Letter to Opponent – following decision on liability

Letter to Client – advising of decision on liability (denial)

Letter to Client – advising of decision on liability (admission)

Letter to Opponent – dealing with documents

Letter to Client - enclosing documents disclosed by defendant

Failure to Comply with the Protocol

Letter to Opponent - advising of non-compliance with protocol

Letter to Opponent - on continued failure to comply with the protocol

Further Defendants

L to Further Defendant

Letter to Client - advising claim against further defendant

Motor Insurers Bureau

Letter to Opponent - request for information under Section 154 (1) Road Traffic Act 1988

Letter to MIB – claim under Uninsured Drivers Agreement

Letter to Client - enclosing MIB application form

SECTION SIX: NEGOTIATION AND QUANTUM

Advice on Quantum

Letter to Client - advising on quantum

Information on Quantum

Letter to Opponent - disclosing details on quantum

Letter to Client - advising on disclosure of evidence on quantum

Letter to Opponent - disclosing further details on quantum

Letter to Opponent – chasing proposals following disclosure of evidence on quantum

Letter to Opponent - enclosing photographs

Advice on, Acknowledgement and Clarification on (Part 36) Offers

Letter to Client - advising generally on Part 36 Offers

Letter to Opponent - acknowledging (Part 36) offer

Letter to Opponent – chasing up clarification of offer

Negotiations and (Part 36) Offers on Liability or Other Issue Only

Letter to Client – advising of (Part 36) offer on liability and/or issue only

Letter to Opponent – making Part 36 offer on liability and/or issue only

Letter to Client – confirming instructions to make Part 36 offer on liability and/or issue only

Negotiations and (Part 36) Offers of Settlement

Letter to Client - advising of (Part 36 ) offer of settlement

Letter to Opponent - making Part 36 offer of settlement

Letter to Client - confirming instructions to make Part 36 offer of settlement

Breakdown of Negotiations

Letter to Opponent – on Opponent’s failure to respond to Claimant’s offer

Letter to Opponent – on Defendant’s failure to negotiate further

SECTION SEVEN: STOCKTAKE PRIOR TO ISSUE OF PROCEEDINGS

Stock-take

Letter to Client - recommending issue of proceedings following stock take

Letter to client – recommending discontinuance after stock take

Letter to Opponent – prior to issue of proceedings

Pre-action Applications

Letter to Client – recommending pre-action application

Letter to Opponent - prior to issue of pre-action application

Letter to Client - summarising pre-action application

SECTION EIGHT: ISSUE AND SERVICE OF PROCEEDINGS

Issue

Letter to Client - enclosing claim form and particulars of claim for approval

Letter to Court - to issue proceedings

Letter to MIB - following issue of proceedings

Service

Letter to Opponent - serving Court proceedings

Letter to Opponent - advising insurers of service of proceedings

Letter to MIB - advising of service of proceedings

Letter to Court - filing certificate of service

Letter to Client - summarising personal injury action

SECTION NINE: THE DEFENCE

Acknowledgment of Service and Extension of Time

Letter to Opponent - granting extension of time for defence

Letter to Client - confirming extension of time for defence

Receipt and review of defence

Letter to Opponent – dealing with the defence

Letter to Client – advising on the defence

SECTION TEN: ALLOCATION AND CASE MANAGEMENT

Allocation Questionnaires

Letter to Client - concerning the allocation questionnaire

Letter to Opponent - enclosing draft allocation questionnaire

Letter to Court - filing allocation questionnaire

Letter to Opponent - enclosing completed allocation questionnaire

Letter to Client - advising of case management conference

Initial case management

Letter to Court - applying for reconsideration of directions

Letter to Opponent - confirming reconsideration of directions sought

Letter to Client - advising of allocation and case management directions

Letter to Opponent - confirming allocation and case management directions

SECTION ELEVEN: DISLOCURE

Disclosure by the Claimant

Letter to Client - prior to disclosure

Letter to Opponent - dealing with disclosure

Letter to Client - confirming disclosure given

Letter to Court - filing Claimant's list of documents

Disclosure by the Defendant

Letter to Opponent - on failure to give disclosure

Letter to Opponent - acknowledging receipt of Defendant’s list

Disclosure by Other Parties

Letter to Other Party - warning of application for disclosure

Letter to Client – recommending agreement to disclosure by other party

Letter to Other - enclosing authority for disclosure by other party

Letter to Client – dealing with request for disclosure of medical records

Letter to Opponent – dealing with request for disclosure of Claimant’s medical records

Specific Disclosure

Letter to Opponent – seeking further disclosure

Letter to Client – advising on the need for further disclosure from the Defendant

Inspection of Documents

Letter to Client - dealing with inspection of documents by Defendant

Letter to Client - on further discovery/inspection by the Defendant

Letter to Opponent - giving inspection of further documents informally

Letter to Opponent – giving disclosure of further documents by Notice to Admit

Videos

Letter to Client – advising in relation to surveillance

Letter to Opponent - acknowledging receipt of video

SECTION TWELVE: EXCHANGE OF FACTUAL EVIDENCE

Preparing for Exchange of Witness Statements

Letter to Client - sending statement in format for exchange

Letter to Witness - sending statement in format for exchange

Dealing with Exchange of Witness Statements

Letter to Opponent - effecting exchange of witness statements

Letter to Opponent – Defendant’s failure to effect exchange of witness statements

Following Exchange of Witness Statements

Letter to Opponent - acknowledging receipt of witness statements

Letter to Client - following exchange of witness statements

SECTION THIRTEEN: EXCHANGE OF EXPERT EVIDENCE

Request by the Defendant for Facilities to Obtain Medical Evidence

Letter to Opponent - confirming terms for the Claimant to meet the Defendant’s medical expert

Letter to Client - recommending the Claimant agrees facilities for the Defendant to obtain medical evidence

Letter to Opponent - objecting to providing facilities for the Defendant to obtain medical evidence

Letter to Client - recommending the Claimant refuses facilities for the Defendant to obtain medical evidence

Letter to Opponent - confirming Claimant's agreement to see Defendant's medical expert

Letter to Opponent - following Claimant’s meeting with Defendant’s medical expert

Letter to Client - following Claimant’s meeting with Defendant’s medical expert

Dealing With of Exchange Evidence

Letter to Opponent - on exchange of expert evidence

Letter to Client - confirming disclosure of expert evidence

Letter to Opponent – on Defendant’s failure to disclose expert evidence

Letter to Opponent - acknowledging receipt of expert evidence

Letter to Client - following exchange of expert evidence

Letter to Client - enclosing Defendant's medical evidence

Letter to Client - advising of Defendant’s failing to disclose medical evidence

Questions to Claimant's Experts

Letter to Opponent - acknowledging questions put by opponent to claimant's expert

Letter to Expert - putting questions from opponent

Letter to Client - advising of questions put to expert by opponent

Letter to Opponent - enclosing expert’s answers to questions

Letter to Client - enclosing expert’s answers to questions

Questions to Defendant's Experts

Letter to Expert - putting questions

Letter to Opponent - confirming questions put to Defendant's expert

Letter to Client - confirming questions put to Defendant's expert

Letter to Client - answers to questions received from Defendant's expert

Letter to Expert - acknowledging answers to questions

Joint Statements

Letter to Expert - instructions to prepare joint statement

Letter to Client - enclosing joint statement of experts

Letter to Opponent - enclosing joint statement of expert

Letter to Court – filing joint statement of experts

SECTION FOURTEEN: APPLICATIONS AND ENFORCEMENT OF CASE MANAGEMENT DIRECTIONS

Non-compliance With Case Management Directions

Letter to Opponent - on Defendant’s failure to comply with case management directions

Letter to Client – advising on Defendant’s failure to comply with case management directions

Letter to Opponent - giving extension of time for compliance with case management directions

Letter to Client - confirming extension of time given for compliance with case management directions

Issue and Service of Application Notice

Letter to Court - issue of Application Notice

Letter to Client - advising of application notice (and sending supporting statement)

Letter to Opponent - serving application notice

Letter to Client - confirming hearing date of application notice

Hearing of Application Notice

Letter to Court - dealing with hearing by consent

Letter to Client - confirming successful outcome of application notice

Letter to Client - confirming unsuccessful outcome of application notice

Letter to Opponent - sending costs statement for hearing of application notice

Letter to Court - filing costs statement for hearing of application notice

Telephone Hearings

Letter to Opponent - inviting agreement/agreeing to telephone hearing

Letter to Court - requesting telephone hearing

Letter to Opponent - confirming telephone hearing

SECTION FIFTEEN: INTERIM PAYMENTS

Letter to Client - advising on offer of interim payment

Authority – for interim payment

Letter to Opponent - confirming agreement to interim payment

Letter to Client - following Order/agreement for an interim payment

Letter to Client - making interim payment

SECTION SIXTEEN: REVIEW OF QUANTUM

Letter to Client - sending up to date/final schedule of expenses and losses

Letter to Opponent – serving up to date/final schedule of expenses and losses

Letter to Court - filing up to date/final schedule of expenses and losses

Letter to Client – advising on Defendant's counter-schedule

Letter to Client – reviewing/updating advice on quantum

SECTION SEVENTEEN: LISTING AND FURTHER CASE MANAGEMENT

Listing Questionnaire

Letter to Client - concerning listing questionnaire and availability

Letter to Witness - checking availability

Letter to Expert - checking availability

Letter to Counsel's Clerk - checking availability

Letter to Opponent - enclosing draft Listing Questionnaire

Letter to Court - filing List Questionnaire

Letter to Opponent - enclosing Listing Questionnaire as filed at court

Further Case Management Directions

Letter to Client - following directions on listing/case management conference

Letter to Opponent - following listing directions/case management conference

SECTION EIGHTEEN: TRIAL

Review and Advice on Evidence

Letter to Client - ahead of review of evidence

Letter to Client - on review of evidence - receipt of counsel's advice on evidence

Trial Date

Letter to Client - confirming date of trial

Acknowledgement of Hearing Date

Letter to Witness - confirming date of trial

Letter to Expert - confirming date of trial

Letter to Counsel's clerk - confirming date of trial

Witness Orders

Letter to Court - requesting issue of witness summons

Letter to Witness - advising about impending service of a witness summons

Letter to Expert – advising about impending service of witness summons

Letter to Opponent – advising of experts terms and cancellation charges

Bundles of Documents

Letter to Opponent - 21 day review (enclosing index to trial bundle and completing exchange)

Letter to Client/Witness/Counsel – sending bundle of documents

Letter to Court - filing bundle of documents prior to trial

Letter to Opponent - sending bundle of documents

Final Checks

Letter to Client - final reminder of date of trial

Letter to Witness/Expert - final reminder of date of trial

Letter to Court - enclosing costs statement for trial

Letter to Opponent - enclosing costs statement for trial

Letter to Counsel's clerk - enclosing costs statement for trial

Following Trial

Letter to Non-expert witness - following trial

Letter to Expert Witness- following trial

Letter to Client following trial - successful outcome

Letter to Client following trial - unsuccessful outcome

SECTION NINETEEN: SETTLEMENT AND FINAL REPORTS

Acceptance of Offers on Liability or Other Issue

Letter to Opponent – accepting O’s offer

Letter to Opponent - acknowledging O's acceptance of counter offer

Acceptance of Part 36 Payments

Letter to Court – with Acceptance of Part 36 payment

Letter to Opponent – confirming acceptance of Part 36 payment

Acceptance of Other Offers of Settlement

Letter to Opponent – accepting Opponent’s offer

Letter to Opponent – acknowledging Opponent’s acceptance of counter offer and enclosing draft Order

Implementing Settlement

Letter to Client – confirming post-action agreement of liability or issue

Letter to Client – confirming settlement

Letter to Court – confirming settlement ahead of filing consent Order

Letter to Court – enclosing Draft Order

Letter to Counsel’s Clerk – confirming settlement

Letter to Witness – confirming settlement

Letter to Expert – confirming settlement

Final Reports

Letter to Client – final report – monies due

Letter to Client – final report - no monies due

SECTION TWENTY: COSTS

Part 8 Costs only proceedings

Letter to Opponent - serving bill of costs without notice of commencement

Letter to Opponent - serving Part 8 Claim Form (costs only proceedings)

Detailed Assessment

Letter to O serving notice of commencement and bill

Letter to Opponent - acknowledging points of dispute

Letter to Opponent - serving replies to points of dispute

Letter to Court requesting detailed assessment hearing

Letter to Opponent - enclosing final costs certificate

Letter to Court- requesting Default Costs certificate

Letter to Opponent - enclosing Default Costs Certificate

Negotiation

Letter to Opponent - responding to offer on costs

Letter to Opponent - confirming agreement of costs

Letter to Court – requesting detailed assessment hearing be vacated

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