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Buachaill, Barrister
Category: Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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I am asking on A Letter of Claim. We are in possession

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I am asking for Advice on A Letter of Claim. We are in possession of Legal Funding and have been told that once Legal Aid is granted then our Legal Rep should issue a Letter of Claim to allow the opposition a chance to resolve the issue without court costs. Is this correct as we are being told Legal Aid is not given lightly now.
1. Dear *****, this is both correct and good advice. The reason your legal representative issues a Letter of Claim in advance of issuing legal proceedings is that otherwise you will be foisted with legal costs of any resulting litigation which might have ben settled had you given the other side a chance in advance of issuing proceedings, to settle. So a letter of Claim is essential to allow for some pre-action opportunity at settlement.
2. YOu are correct that Legal Aid is not given lightly. However, if you are penalised in costs, then Legal Aid will not cover this eventuality. So this is why a Letter before Action is essential to avoid personal exposure to costs. So get your legal rep to issue a Letter of claim in advance of issuing legal proceedings.
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