Q&As

Q&As

Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the correct defendant? If so, what application should the defendant make to the court to inform them of this? Further if a settlement is reached with the incompletely referenced entity, could the claimant then separately sue the limited company?

Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the...

23rd Jul

Q&As

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt...

23rd Jul

Q&As

Where, arising out of the same factual scenario, A has a cause of action in contract against B and a cause of action in tort against C, does it matter whether A brings a claim against B or C?

Where, arising out of the same factual scenario, A has a cause of action in contract against B and a cause of action in tort against C, does it matter...

Produced in partnership with Karen Hellier of Clarke Willmott 22nd Jul

Q&As

Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?

Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?This Q&A considers the scenario where A has a claim...

22nd Jul

Q&As

If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it make a difference what the nature of the mistake is?

If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it...

Produced in partnership with Ryan Turner of Lamb Chambers 22nd Jul

Q&As

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form out of the jurisdiction?

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form...

22nd Jul

Q&As

Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal representatives?

Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Jul

Q&As

Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs incurred by the unauthorised individual be recovered by the litigant in person? Does legal professional privilege apply as between a litigant in person and the unauthorised individual?

Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs...

Produced in partnership with Alex Bagnall of Total Legal Solutions 14th Jul

Q&As

In a no-deal Brexit scenario where personal data will be transferred by an EU controller to a UK processor and that processor will then transfer the personal data to a subprocessor outside the UK and EU, Model Clauses in place between the EU controller and the UK processor will require the processor to impose the same obligations as in those Model Clauses on the subprocessor (or that the subprocessor co-signs those Model Clauses). Does there also need to be Model Clauses in place between the EU controller and the (non-UK and non-EU) subprocessor?

In a no-deal Brexit scenario where personal data will be transferred by an EU controller to a UK processor and that processor will then transfer the...

Produced in partnership with JP Buckley of DWF LLP 1st Jul

Brexit

Q&As

What are the key features of a Brexit SI?

What are the key features of a Brexit SI?As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and...

28th Jun

Brexit

Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...

28th Jun

Brexit

Q&As

What guidance is available to prepare for no deal Brexit?

What guidance is available to prepare for no deal Brexit?As things stand, if the UK and EU fail to agree and ratify an international treaty setting...

28th Jun

Brexit

Q&As

What is retained EU law?

What is retained EU law?Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law...

Produced in partnership with Mathias Cheung of Atkin Chambers 28th Jun

Brexit

Q&As

What is the legal position where there is an inconsistency between the Withdrawal Agreement and domestic legislation?

What is the legal position where there is an inconsistency between the Withdrawal Agreement and domestic legislation?What is the relationship between...

28th Jun

Q&As

What is prorogation of Parliament?

What is prorogation of Parliament?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary session without the...

28th Jun

Brexit

Q&As

What is the sifting process for Brexit legislation?

What is the sifting process for Brexit legislation?Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory...

28th Jun

Brexit

Q&As

How is prorogation of Parliament relevant to Brexit?

How is prorogation of Parliament relevant to Brexit?What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary...

28th Jun

Brexit

Q&As

Is Brexit considered a force majeure event?

Is Brexit considered a force majeure event?The change to the economic and commercial environments within both the UK and the EU as a result of Brexit...

28th Jun

Brexit

Q&As

Do you have any guidance on whether Brexit is considered a force majeure event?

Do you have any guidance on whether Brexit is considered a force majeure event?We refer you to the following which may be of assistance:•Q&A: Is...

28th Jun

Brexit

Q&As

I need to serve a claim form on a European lawyer, but I am concerned about what impact Brexit has on this. What are the rules and will they change at the end of the year?

I need to serve a claim form on a European lawyer, but I am concerned about what impact Brexit has on this. What are the rules and will they change at...

Produced in partnership with Belinda McRae of Twenty Essex 28th Jun

Brexit

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