December 2, 2004

You are Nicky Wells, an assistant solicitor in the firm of Price Prior. Your firm has been instructed to act for Maxime Hotels Limited ('Maxime'), a chain of hotels. You meet with the managing director of Maxime, Susan Whitehouse ('Susan'), on 28 July 2004. A copy of the attendance note you take at the meeting is attached at Document 1.

a) It is now 30 July 2004. You draft a letter of claim to Comfortline in accordance with the protocol requirements. Outline the information that it should contain.

b) You send the letter of claim to Susan for approval. She telephones you saying that she does not wish you to send it to Comfortline. She says there is no point in approaching them since they never return telephone calls or answer correspondence. Instead, she wishes you to issue proceedings immediately and is rather angry you have not done so. What will you say to her?  

• Written contract and date
• Terms for performance and timescale
• Breach of the [express] terms of the contract
• Details of the losses including any documentary proof
• Time limit for response/payment
• That proceedings will be issued if no response

• It would be very unwise to issue proceedings immediately
• Even though there is no specific protocol relevant to this case
• the parties are expected to act in the spirit of the protocols
• with a view to avoiding proceedings
• and in accordance with the civil justice reforms (CPR)
• Compliance with protocols is considered at later stages and costs may be awarded against Maxime Limited if it does not comply