Applicable law (EU regime)

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Applicable law (EU regime) content

Q&As
What applicable law rules do the courts of England and Wales use to determine the applicable law for a tortious act that occurred in Denmark?Where a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Sep
Q&As
Is it unfair for a company based in England selling goods or services to a consumer in Scotland to make the parties' contract subject to the Law of...
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27th Aug
Practice notes
Rome II—the general rule and displacing the general rule This Practice Note considers the provisions in Regulation (EC) 864/2007 on the law applicable...
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24th Aug
Practice notes
Rome II—special rulesThis Practice Note provides an overview of the special rules which apply to specific types of claim under Regulation (EC)...
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24th Aug
Practice notes
Rome I—consumer contracts (Art 6)This Practice Note considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008 of the European...
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Produced in partnership with James Beeton of 12 King's Bench Walk 23rd Aug
Practice notes
Rome I—applicable law chosen by the partiesThis Practice Note considers Regulation (EC) 593/2008 of the European Parliament and of the Council of 17...
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Produced in partnership with Angharad Parry of 20 Essex Street 19th Aug
Practice notes
Rome I—scope and exclusionsThis Practice Note explains how Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on...
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Produced in partnership with Angharad Parry of 20 Essex Street 19th Aug
Practice notes
Rome I—parties fail to choose the applicable lawThis Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to...
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Produced in partnership with Angharad Parry of 20 Essex Street 19th Aug
Practice notes
Rome Convention—when parties fail to choose an applicable law [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is...
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19th Aug
Practice notes
Brexit implementation period—applicable law [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...
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19th Aug
Practice notes
Rome Convention—validity of contract [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer bound by the...
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19th Aug
Practice notes
Rome Convention—when parties choose an applicable law [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no...
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19th Aug
Practice notes
Rome I—application and interpretationThis Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It...
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19th Aug
Practice notes
Rome Convention—application [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer bound by the Rome...
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19th Aug
Practice notes
Rome Convention—introduction and interpretation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer...
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18th Aug
Practice notes
Brexit post implementation period—considerations for dispute resolution practitionersThis Practice Note addresses the implications of the UK leaving...
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18th Aug
Practice notes
Rome II—application and interpretationThis Practice Note provides an explanation as to when and why Regulation (EC) 864/2007 on the law applicable to...
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18th Aug
Practice notes
Rome I—insurance contracts (Art 7)This Practice Note looks at the insurance contract provisions in Regulation (EC) 593/2008 of the European Parliament...
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Produced in partnership with Mark Pring of Reed Smith 18th Aug
Q&As
In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they...
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Produced in partnership with Mr Tom Montagu-Smith, QC 18th Aug

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