What the letter does
A letter before action sets out who you are, the contract, the breach, the loss, what you require and by when, and what follows if it isn't done. Its power is not aggression — it's specificity. A letter that pleads the claim accurately tells the recipient (and, more importantly, their solicitor) that the claim is real, the evidence is organised, and defending will cost more than resolving. Vague fury achieves the opposite: it signals a claimant who hasn't done the work.
What a good one contains
- The contract identified precisely — date, parties, the relevant terms quoted
- The breach, stated as facts a judge could adopt: what was due, what happened, when
- Quantified loss with the arithmetic shown — or the debt, with invoice references and contractual/statutory interest
- A clear demand and a realistic deadline
- Consequences: proceedings without further notice, costs, interest — said once, without theatre
- What it deliberately avoids: emotion, surplus allegations you can't prove, and anything you'd regret reading aloud in court — assume every letter is an exhibit eventually
Before it goes out
The letter is the visible part of a decision: claim or don't, for how much, on what evidence. We check the limitation clock, the contract's own machinery — notice provisions, termination mechanics, escalation or mediation clauses that must be honoured first — and the counterparty's ability to pay, because a perfect claim against an empty company is a perfect waste. Under the Mediation Act 2017, solicitors must advise on mediation before issuing proceedings; sometimes that's the faster road, and we say so when it is.
If you've received one
Don't ignore it — judgment in default is how ignored letters end — and don't reply in heat. The letter's deadline is usually negotiable if engagement is genuine. Bring it to us with the contract and the correspondence: the response letter sets the tone for everything after.
How our fees work
You get a fixed quote in writing before any work starts — no hourly-rate surprises and no meter running while you think. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How contract solicitor fees work in Ireland →
Frequently asked questions
Is a letter before action legally required in Ireland?
Not strictly for most claims, but courts expect parties to have given fair warning, costs consequences can attach to litigating without it, and some contracts and claim types require pre-action steps. Practically: it resolves enough disputes that skipping it is almost never right.
How long should I give the other side to respond?
Realistic deadlines outperform dramatic ones — commonly 7 to 21 days depending on complexity and what's demanded. The deadline should be one you're actually prepared to act on; a lapsed ultimatum teaches the other side you're bluffing.
Will sending a solicitor's letter destroy the business relationship?
Less often than silence followed by proceedings does. A professional letter is a normal commercial event; many relationships survive it and some improve, because it resets an imbalance the relationship was quietly dying of anyway.
Talk to a solicitor who reads contracts for a living. Call Mary Molloy Solicitors today.
Whether you are drafting terms for your business, handed a contract to sign, or unsure what a clause commits you to, an early conversation costs little and prevents a lot.
📞 Call 01 5827148Try the Contract Risk Checker
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