Letter of claim—negligent misstatement by accountant

Produced in partnership with Steven O'Sullivan
Precedents

Letter of claim—negligent misstatement by accountant

Produced in partnership with Steven O'Sullivan

Precedents
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[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]

Our ref: [insert your file reference for this matter]

FAO: [INSERT RELEVANT NAME]

[NAME OF Defendant OR DEFENDANT’S SOLICITOR IF KNOWN]

[ADDRESS LINE 1]

[ADDRESS LINE 2]

[POSTCODE]

[DATE]

Dear [insert name]

[PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME]

LETTER OF CLAIM

[We write further to our letter dated [insert date of your preliminary notice of claim, if sent].

That letter was a preliminary notice of claim sent pursuant to the Pre-action Protocol for Professional Negligence, and required an acknowledgment by [insert date].]

[We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.]]

    1. 1

      Overview and basis of claim

      1. 1.1

        [As you know, we OR We] act on behalf of [insert client’s full name].

      1. 1.2

        We are instructed that in or around [insert

Steven O'Sullivan
Steven O'Sullivan

Senior Associate


Steven is a robust insurance litigator who advises principally on professional liability, with particular expertise in solicitors' liability, as well as some general insurance litigation/arbitration and property damage work. His work includes: ' policy advice ' lender claims ' equity and breach of trust claims ' breach of undertaking or warranty of authority ' negligence Prior to 2002 when he began working in this area of the law, Steven acted for insurers defending personal injury claims and therefore retains residual knowledge and interest in this area in terms of loss of opportunity or undersettlement claims against solicitors. Steven spent 6 ½ years at a major insurer handling professional indemnity claims against solicitors, accountants and other professionals. He therefore has keen commercial awareness and strong insight into what insurer clients are looking for when handling litigation against their insureds. Steven is the author of numerous articles, notably in the New Law Journal, with particular focus on professionals' risk management and claim avoidance, as well as recent developments in case-law.

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Jurisdiction(s):
United Kingdom
Key definition:
Negligent misstatement definition
What does Negligent misstatement mean?

A negligent misstatement is a misstatement that is made honestly, but carelessly by party A to party B, where A owes B a duty of care. An action can be brought in tort for negligent misstatement.

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