Letter Before Action - Discrimination

[heisenberg]

Hi all,

Firstly, I consider this the best forum on the web for legal issues so I pay sincere thanks to the site owners, administrators and moderators.

Does anyone know where to locate a good template letter for a letter before action in a discrimination context? I have perused the templates section of the site however no joy.

Many thanks.

[nemesis45]

Re: Letter Before Action - Discrimination

Hi all,

Firstly, I consider this the best forum on the web for legal issues so I pay sincere thanks to the site owners, administrators and moderators.

Does anyone know where to locate a good template letter for a letter before action in a discrimination context? I have perused the templates section of the site however no joy.

Many thanks.

As every case is different a template would not in my opinion be suitable for an LBA you need to be specific on all points generalisations will not have impact.

LBA's set out what the recipient must do to avoid a claim being issued if the matter is not remedied within a specified timescale.

nem

[heisenberg]

Re: Letter Before Action - Discrimination

As every case is different a template would not in my opinion be suitable for an LBA you need to be specific on all points generalisations will not have impact.

LBA's set out what the recipient must do to avoid a claim being issued if the matter is not remedied within a specified timescale.

nem

Thanks Nem but I was thinking along the lines of layout. Also, I do not know how the CPR Pre-Action Protocols apply.

I did find this though:

http://www.unity-law.co.uk/files/fil...Complaint.docx

[R0b]

Re: Letter Before Action - Discrimination

to comply with the CPRs you should of course send a letter before action and give them adequate time to respond, usually 14/21 days. You will also have to set out a brief summary of the reasons for your claim and provide enough information to the defendant. An LBA will usually take the same form as a debt LBA however as nemesis has pointed out, in terms of discrimination each case is different so you will need to be specific to what your claiming under discrimination.

Because the person you are sending the LBA is unlikely to be the same person handling the matter you may need to set out a bit of background to it. a few points could be:

1. Heading - Re: Letter before action for disability discrimination
2. Background - set out in 2-4 lines or so about the background
3. discrimination - in this paragraph you specifically state how or why they have discriminated against you, including reference to the Equality Act etc.
4. Action required - this is what you want from them whether that's damages/compensation etc and how long they have to respond/remedy
5. 1-2 sentences to say in event of failing to respond or take action within said days you will commence legal proceedings without further notice to them.

[nemesis45]

Re: Letter Before Action - Discrimination

Rob beat me to it, that's just what you need.

nem

[heisenberg]

Re: Letter Before Action - Discrimination

Many thanks Gentlemen!

[heisenberg]

Re: Letter Before Action - Discrimination

Forgot to ask, does the LBA initiate the alternative dispute resolution (ADR) process at all? In other words, can the other side offer a financial settlement in response?

[R0b]

Re: Letter Before Action - Discrimination

ADR and offers to settle are two different things, if you are going small claims you will be asked if you agree to mediation, should always agree to hat even if if nothing comes of it. Once you have also initiated proceedings they could offer to settle with you at any point and if it meets your requirements you should really accept the offer to settle, including costs of the application and any reasonable costs incurred.

[heisenberg]

Re: Letter Before Action - Discrimination

ADR and offers to settle are two different things, if you are going small claims you will be asked if you agree to mediation, should always agree to hat even if if nothing comes of it. Once you have also initiated proceedings they could offer to settle with you at any point and if it meets your requirements you should really accept the offer to settle, including costs of the application and any reasonable costs incurred.

Thanks Rob. I will take that advice.

[wales01man]

Re: Letter Before Action - Discrimination

With respect can I ask what you expect if the settle after the LBA or if you win in a Court unlikely they will accept your case and no doubt they will fight any monetary claim

[heisenberg]

Re: Letter Before Action - Discrimination

With respect can I ask what you expect if the settle after the LBA or if you win in a Court unlikely they will accept your case and no doubt they will fight any monetary claim

Are you asking what I will accept as a financial settlement? I agree, they usually fight these cases tooth and nail (as I have experienced in the past in the Employment Tribunal). I have been partially successful in the past if one considers an agreeable settlement a success.

[wales01man]

Re: Letter Before Action - Discrimination

I am asking what money you would claim for a token payment or a large sum I would think a Solicitor would fight hard and try if possible to get costs from you if they could.
I wish the best with this if it goes forward whether you have a viable case I would have no idea, expect others on here to comment

[heisenberg]

Re: Letter Before Action - Discrimination

I am asking what money you would claim for a token payment or a large sum I would think a Solicitor would fight hard and try if possible to get costs from you if they could.
I wish the best with this if it goes forward whether you have a viable case I would have no idea, expect others on here to comment

I'm not sure. I would settle in the region of 1k or 2k as I'm not keen on the uncertainty of a hearing. I know that even when you think you have a strong case things can go badly on the day. This may also be down to the Judge just not taking a liking to you or just wanting to head off to lunch.

I am eligible for legal aid so would get some legal help hopefully but I know solicitors don't like backing these claims particularity as there is no method for a county court to assess the merits of the case prior to the hearing. So, solicitors get cold feet in my mere opinion (though I'm sure there are a few that don't).

[nemesis45]

Re: Letter Before Action - Discrimination

I'm not sure. I would settle in the region of 1k or 2k as I'm not keen on the uncertainty of a hearing. I know that even when you think you have a strong case things can go badly on the day. This may also be down to the Judge just not taking a liking to you or just wanting to head off to lunch.

I am eligible for legal aid so would get some legal help hopefully but I know solicitors don't like backing these claims particularity as there is no method for a county court to assess the merits of the case prior to the hearing. So, solicitors get cold feet in my mere opinion (though I'm sure there are a few that don't).

Lets be clear solicitors act on the instructions of their clients and will advise if they believe a claim has no reasonable prospect of success that is not getting cold feet it's shows that they are operating a " duty of care".

The court / administrative judge will have seen the claim/defence/ witness statement etc., a judge may quite quickly on reading a court bundle find that a claim has no reasonable chance of success, and will be fair and assess the whole case and make a judgement which is in English Civil Laws is based on the balance of probabilities. ( whether he/ she likes you or not).

nem

[heisenberg]

Re: Letter Before Action - Discrimination

Lets be clear solicitors act on the instructions of their clients and will advise if they believe a claim has no reasonable prospect of success that is not getting cold feet it's shows that they are operating a " duty of care".

The court / administrative judge will have seen the claim/defence/ witness statement etc., a judge may quite quickly on reading a court bundle find that a claim has no reasonable chance of success, and will be fair and assess the whole case and make a judgement which is in English Civil Laws is based on the balance of probabilities. ( whether he/ she likes you or not).

nem

In a perfect world maybe. However we do not live in a perfect world.