Letter of Instruction CPR 35

[Hodle]

Hello all,

I am seeking some help, guidance and support in a building case. I am the Claimant, the Defendant is a ltd construction firm. The case pertains a wrongly and defectively installed bathroom. I brought the case to the small claims track, and just went through the preliminary hearing. In N180 I requested an expert witness, which was granted. I went through RICS and recruited a surveyor which the Defendant agreed on hiring. I am now in the process of having to write a letter of instruction but I find it difficult getting information on how to phrase, what to include etc. I have followed the threads of others on this forum which has been helpful, but I still have a number of questions.

1. The court asked us to include previous corresponding documents (letter before action, N9B etc.) accompanying the letter of instruction but did not specify or even mention the need for a Scott Schedule Note. Should I include such a document, or any other schedule? Admittedly, the documents I provided already contain itemised list of damages).
2. How long and detailed should the letter of instruction itself be?
3. Should the letter of instruction contain questions, if so how many is customary?

I would be really grateful if someone, more legally grounded, could send me a redacted letter as an example, as I feel a bit lost.

Thanks a billion!

[echat11]

Hi Hodle

Celestine R0b Can you please take a look and advise, many thanks.

[Celestine]

Firstly has the agreed surveyor been appointed? If they are a decent and proactive firm, they should be assisting h with some of this, especially on the best format for a letter of instruction. One hopes they’ve dealt with such matters before?
A Scott Schedule is a helpful chart setting out each individual dispute area.
e.g Plasterwork - Fault description- Remedy required- position of each party
This document is used frequently in building disputes, so it may be helpful to put your issues into such a document, it will make it far easier for the Judge to understand the scale of the issues.
I’m unsure on the correct format for the instruction letter, not really my area but hopefully one of our more knowledgeable volunteers will know.

[Hodle]

Thanks for the reply. We have agreed on a surveyor, the conveyor has agreed informally, but they have not been appointed yet. I understood that a joint letter of instruction does precisely do that, appoint and instruct. Should the Scott schedule be included in that letter of instruction? Feeling somewhat uncertain, as I read that the letter is normally around 4 to 6 pages? That seems long.

Anyway, would be grateful to receive some further details from knowledgeable people.

Thanks again!

[echat11]

There's some info here - https://www.propertyprotocols.co.uk/...-guidance-note

[Hodle]

Thanks, this is useful. I am also using some other guide material, including the A Handbook for Litigants in Person, which is accessible online, if anyone is interested

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[echat11]

Thanks, this is useful. I am also using some other guide material, including the A Handbook for Litigants in Person, which is accessible online, if anyone is interested

https://www.judiciary.uk/wp-content/..._in_Person.pdf

That's actually on this website as a 'Sticky'.

[Hodle]

Alright. I have sent the letter of instruction, and the only thing the other party added was their name. Fair enough. However, they failed to send me PDFs of the documents (defence, counter claim, etc.) that I asked them to send along. What should I do? I don't feel it is my responsibility to remind them and correct their sloppiness. I spent a full day drafting that letter, and don't seem bothered to put in the minimum effort. What do people think/ suggest? Thanks.