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Under the Civil Practice Rules, in a professional negligence claim, you are obliged at the outset to send a particular form of letter before Action. This is really designed to encourage transparency and, if possible, to avoid costs. The letter sets out the details of the allegations and the details of the losses. It then gives a fairly lengthy time for the advisor to acknowledge and then respond in detail, in a set form too. This therefore is designed to clarify the issues that exist and the details of the Claim you propose bringing. Subject to you still believing there is a Claim you wish to bring, you will then issue proceedings by way of Claim Form on the basis of “Breach of a Contract and/or breach of duty of care.” The rules for bringing the Claim, the time for doing so, the service of papers and the cost is set out in the Civil Practice Rules found at www.justice.gov.uk.
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