Contents Of Pre-Action Letter And Guidelines For Drafting

• Published date: 11 June 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Singhania & Partners LLP, Solicitors and Advocates
• Author: Ms Pragya Jain

Pre-action letter sent by lawyer or potential claimant

In India, a pre-action letter/legal notice is ordinarily a notice sent by a lawyer on behalf of his/her client. However, it is not mandatory for a person to send a legal notice through a lawyer. A person himself can send a legal notice on his/her accord without the assistance of a lawyer communicating its intention of initiating a legal action. However, it is advisable to hire a lawyer for this purpose in order to avoid making any mistake, especially in the matters where issuance of pre-action letter is mandatory. A lawyer with good drafting skills can collect information from you and send a notice on your behalf.

A pre-action letter/legal notice must be in writing and must include below mentioned details:

• Name, description and residential address of the sender.
• Name and address of the person against whom sender has grievances.
• Material facts and grievances caused: A notice must consist the facts and grievances of the sender in points and paragraphs.
• Summary of relief claimed/compensation: A notice must consist of an amount of claim or relief if any claimed against the defaulting party. It is also important to mention the law or reference under which the claim, compensation or relief is sought.
• Reasonable time limit to be provided to the defaulting party to reply to the notice so issued.
• Signature of lawyer and client is must or signature of the person who is sending the notice.
• Supporting documents: It is not mandatory or practice to attach any document with the pre-action letter/ legal notice, however, it is advisable that in case of notice for recovery of dues or notice for dishonor of cheque, all the necessary documents should be attached to support your claim or relief sought.

Effectiveness of a pre-action letter

In India, a pre-action letter/notice is considered effective in avoiding the need of legal proceedings as it provides for a platform and a chance to both the parties to reach a consensus without taking the route of the Court proceedings.

It is a well-known fact that the process of litigation consumes lots of money and take long to resolve a dispute. This procedure of sending pre-action letter/notice gives a midways to both the parties to settle the dispute amicably and save...