A template notice from a claimant to the relevant insurer(s), given when County Court personal injury proceedings are commenced against two defendants (typically the employer and a principal contractor) following a workplace injury. Drafted for the law of England & Wales.
How to use this template - Replace every
[SQUARE-BRACKET]field before use. - Where more than one party may be at fault (for example the employer and a principal contractor on site), a claimant often sues both. Liability can then be apportioned between them, and they may seek contribution from each other under the Civil Liability (Contribution) Act 1978. - Most employers must carry employers' liability insurance under the Employers' Liability (Compulsory Insurance) Act 1969 (subject to statutory exemptions); the principal contractor will usually have public liability cover. Send a notice to each relevant insurer (adapt the addressee). - If a defendant is a "relevant person" for the purposes of the Third Parties (Rights against Insurers) Act 2010 (for example, because it is insolvent or dissolved), a claimant may in appropriate cases be able to pursue the insurer directly, but will still need to establish the defendant's liability and that the policy responds. - This practical notice does not replace proper service on the defendants under the Civil Procedure Rules. Have a solicitor conduct the litigation.
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[CLAIMANT NAME / SOLICITORS] [ADDRESS]
[DATE]
[INSURER NAME] [ADDRESS]
By post and email
Dear Sirs,
Re: [CLAIMANT NAME] v (1) [EMPLOYER NAME] and (2) [PRINCIPAL CONTRACTOR NAME], Claim No. [NUMBER], County Court at [COURT] Your insured: [NAME OF THE DEFENDANT YOU INSURE] | Policy No.: [NUMBER, if known] | Date of accident: [DATE]
- We act for [CLAIMANT NAME], who was injured in the course of [his/her] employment on [DATE] at [PLACE / SITE], by reason of [BRIEF DESCRIPTION OF THE ACCIDENT].
- The Claimant alleges that the injury was caused by the [negligence and/or breach of statutory duty] of both (1) [EMPLOYER NAME], as employer, and (2) [PRINCIPAL CONTRACTOR NAME], as [principal contractor / occupier], each of whom is a defendant to the claim.
- We give you notice that proceedings have been commenced in the County Court at [COURT] under claim number [NUMBER]. A copy of the Claim Form [and Particulars of Claim] is enclosed.
- As insurer of [NAME OF YOUR INSURED DEFENDANT], please confirm that you will deal with the claim on its behalf, acknowledge service / file a defence within the Civil Procedure Rules' time limits, and provide the handler's contact details. Issues of apportionment and contribution between the defendants are reserved.
- Please treat this as notice for all relevant purposes, including under the Employers' Liability (Compulsory Insurance) Act 1969 / the relevant policy [and, if applicable, the Third Parties (Rights against Insurers) Act 2010].
Yours faithfully,
_________________________ [NAME], for [CLAIMANT / FIRM]
Enc: Claim Form [and Particulars of Claim]
--- This template is a starting point and not legal advice. Multi-defendant personal injury litigation, apportionment and contribution are governed by the Civil Procedure Rules and statute with strict time limits, have a qualified solicitor conduct the claim and review this before use. Governing law: England & Wales.