Demand Letter Without Prejudice for Hong Kong

Demand Letter Without Prejudice Template for Hong Kong

A formal written communication governed by Hong Kong law that demands payment or specific performance while preserving the possibility of settlement negotiations. The 'Without Prejudice' designation ensures that the content cannot be used as evidence in subsequent legal proceedings, facilitating open and frank settlement discussions. The document combines elements of debt recovery with dispute resolution, providing a structured approach to claiming outstanding amounts while maintaining professional relationships and avoiding immediate litigation in the Hong Kong jurisdiction.

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What is a Demand Letter Without Prejudice?

The Demand Letter Without Prejudice serves as a crucial pre-litigation tool in Hong Kong's legal framework, representing a formal attempt to resolve disputes before pursuing court action. It is typically used when there are outstanding payments, contractual breaches, or other commercial disputes where the demanding party wishes to maintain the possibility of amicable settlement. The 'Without Prejudice' designation, recognized under Hong Kong law, encourages open dialogue by preventing the letter's contents from being used as evidence in subsequent legal proceedings. This document should clearly state the claim amount, provide relevant background information, specify payment terms, and outline consequences of non-compliance while maintaining a tone that encourages settlement discussion. It's particularly effective in Hong Kong's business environment, where maintaining commercial relationships while pursuing debt recovery is often prioritized.

What sections should be included in a Demand Letter Without Prejudice?

1. Letter Header: Including 'Without Prejudice' marking, date, sender's details, and recipient's details

2. Reference Line: Clear identification of the matter or contract in dispute

3. Debt/Claim Details: Precise statement of the amount owed or claim value, including calculation breakdown

4. Factual Background: Concise description of the circumstances leading to the claim

5. Legal Basis: Clear statement of the legal grounds for the claim

6. Payment Demand: Specific amount demanded and payment deadline

7. Payment Instructions: Clear banking or payment details for settlement

8. Consequences of Non-Payment: Statement of intended legal action if demand is not met

9. Settlement Invitation: Expression of willingness to discuss reasonable settlement proposals

What sections are optional to include in a Demand Letter Without Prejudice?

1. Interest Calculation: Include when claiming interest on the outstanding amount, showing calculation method and period

2. Previous Communications: Reference to prior attempts to resolve the matter, if any exist

3. Settlement Terms: Specific settlement proposals if offering alternative resolution options

4. Without Prejudice Save As To Costs: Alternative heading when the letter may be shown to court for costs purposes

5. Reservation of Rights: Additional legal safeguards preserving the sender's legal rights

What schedules should be included in a Demand Letter Without Prejudice?

1. Schedule A - Calculation Details: Detailed breakdown of the amount claimed, including any interest calculations

2. Schedule B - Communication Log: Chronological list of relevant prior communications

3. Schedule C - Supporting Documents: List or copies of relevant contracts, invoices, or other supporting evidence

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Construction

Manufacturing

Retail

Professional Services

Technology

Telecommunications

Healthcare

Education

Logistics and Transportation

Import/Export

Relevant Teams

Legal

Finance

Credit Control

Accounts Receivable

Collections

Risk Management

Compliance

Treasury

Commercial Operations

Contract Management

Relevant Roles

Legal Counsel

Credit Controller

Financial Manager

Accounts Receivable Manager

Collections Manager

Risk Manager

Company Secretary

Commercial Director

Chief Financial Officer

Compliance Officer

Business Development Manager

Contract Manager

Treasury Manager

Legal Director

Credit Risk Analyst

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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