Da Inglese a Italiano Legale/Brevetti Legale (generale) particulars of claim

Nei "particulars of claim" relativi a un ricorso nei confronti di una società italiana inadempiente verso una società di consulenza legale britannica, vengono elencati i mancati pagamenti della parte convenuta, la quale era tenuta a pagare l'importo dovuto in varie rate in base a un accorso transattivo stipulato precedentemente tra le parti.

In corrispondenza dei vari inadempimenti della parte ricorrente, viene indicata e ripetuta la frase: "The Claimant's rights were expressly reserved."

Esempi:

11.1 On 3 October 2023, the Claimant’s solicitors emailed the Defendant to notify it that it had failed to make payment of the Second Instalment by 30 September 2023 and to request that it confirm when payment will be made and that all future payments under the Settlement Agreement be made on time. The email also reminded the Defendant that, as a result of it failing to make payment on time, the Claimant is entitled to the outstanding balance of the Settlement Sum immediately plus interest. The Claimant’s rights were expressly reserved.

11.2 On 11 October 2023, the Claimant’s solicitors emailed the Defendant to note that it had failed to respond to their email dated 3 October 2023 and that payment of the Second Instalment remained outstanding. The email therefore requested the Defendant to confirm by return that the Second Instalment would be paid immediately and to provide evidence that it had set up an automated monthly payment for the outstanding payments under the Settlement Agreement. Again, the Claimant’s rights were expressly reserved.

11.3 On 17 October 2023, the Claimant’s solicitors emailed the Defendant to note that it had still failed to respond to their earlier emails and that payment of the Second Instalment remained outstanding. The email stated that the Claimant would commence court proceedings against the Defendant to seek the entire balance of the Settlement Sum plus interest for late payment. Again, the Claimant’s rights were expressly reserved.