Applicable law (EU regime)

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Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K & L Gates 12th Jan
Practice notes
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...
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9th Nov
Practice notes
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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9th Nov
Practice notes
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...
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9th Nov
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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9th Nov
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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9th Nov

Most recent Applicable law (EU regime) content

Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules for determining the applicable law, also...
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8th Apr
Q&As
This answer focuses only on the issue of governing law (not jurisdiction) in respect of contractual claims and has been prepared from the perspective...
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15th Feb
Q&As
There is no requirement that all issues in a claim must be decided by reference to the same system of law. In very many cases, the court must apply...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 11th Feb
Q&As
At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....
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27th Jan

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