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Civil Liability and Courts Act 2004.

Section 8.— Letter of Claim

(1) Where a plaintiff in a personal injuries action fails, withoutreasonable cause, to serve a notice in writing, before the expirationof 2 months from the date of the cause of action, or as soon as practicablethereafter, on the wrongdoer or alleged wrongdoer stating thenature of the wrong alleged to have been committed by him or her,the court hearing the action may—

(a) draw such inferences from the failure as appear proper, and

(b) where the interests of justice so require—

(i) make no order as to the payment of costs to the plaintiff,

or

(ii) deduct such amount from the costs that would, but for this section, be payable to the plaintiff as it considers appropriate.

(2) In this section ‘‘date of the cause of action’’ means—

(a) the date of accrual of the cause of action, or

(b) the date of knowledge, as respects the cause of action concerned,

of the person against whom the wrong was committed

or alleged to have been committed,

whichever occurs later.

Section 4.—(1) A notice under section 8 or section 17 shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

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