Case management

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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
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
Precedents
[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
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9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
Practice notes
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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9th Nov
Practice notes
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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9th Nov
Practice notes
What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with disclosure...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Case management content

Q&As
To discontinue a claim, CPR 38.3(1)(b) requires that a notice of discontinuance be served on all parties in the proceedings. However, in the event...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 11th Feb
Q&As
Disclosable documents:CPR PD 31B, para 7, which deals with the disclosure of electronic documents, expressly requires you to advise your client to...
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11th Feb
Q&As
AssumptionIt is assumed that the court has specifically ordered the litigant in person (LIP) to file and exchange an agreed budget discussion report....
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11th Feb
Q&As
Background to the digital trial management systemsThe two digital trial management systems describe themselves below as follows:•Opus 2 Magnum—A...
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Produced in partnership with Ross McLeod, Christopher Humby, Leo Kitchen and Damian Curran of Quinn Emanuel Urquhart & Sullivan UK LLP 11th Feb
Q&As
The requirement for notice of change of solicitor is set out in CPR 42.2 and provides that the notice of the change of solicitor must be served on...
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11th Feb
Q&As
We have been unable to find authority on the specific point raised in this Q&A. However, see the following.An order will run from the day it is given,...
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11th Feb
Q&As
To discontinue a claim or part of a claim, a claimant must serve a copy of the notice of discontinuance on every other party to the proceedings. The...
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11th Feb
Q&As
Proceedings are started when the court issues the claim form (CPR 7.2). The claim form must then be served within the timescales provided for within...
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11th Feb
Q&As
CPR 26.6 states that the fast track is the ‘normal’ track for claims valued between £10,000 and £25,000. However, while the value of a claim is one of...
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11th Feb
Q&As
The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction...
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11th Feb
Q&As
Court’s approachIt is the court’s intention to keep the time and cost of litigating to a minimum and the court is now taking a more pro-active...
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11th Feb
Q&As
The answer to this query may be found in Schedule 1 to the Civil Proceedings Fees (Amendment) Order 2014 (SI 2014/874), the relevant part of which...
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11th Feb
Practice notes
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A...
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10th Feb

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