Tort, negligence and nuisance claims

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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
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
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...
Read More >
9th Nov
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 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
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting 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
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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Produced in partnership with Alice Nash of Hailsham Chambers 12th Jan
Precedents
This Precedent and Drafting Note provide guidance on key model directions from the justice.gov.uk website’s ‘menu of model paragraphs’. They should be...
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9th Nov

Most recent Tort, negligence and nuisance claims content

Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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18th Jan
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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18th Jan
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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18th Jan
Practice notes
This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...
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Produced in partnership with Kate Temple-Mabe of 7BR 18th Jan
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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18th Jan
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 18th Jan
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 18th Jan
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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18th Jan
Practice notes
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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Produced in partnership with Laurence Page of Hardwicke Chambers 18th Jan
Practice notes
In most torts, where a defendant breaches its duty towards the claimant, it is only liable if the claimant can establish that the breach in question...
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Produced in partnership with Laurence Page of Hardwicke Chambers 18th Jan
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 18th Jan
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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18th Jan
Practice notes
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
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Produced in partnership with Professor Richard A Buckley 18th Jan
Practice notes
The number of claims against banks continues apace. This Practice Note focuses on specific issues arising in respect of the tortious duty of care owed...
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18th Jan
Practice notes
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 18th Jan
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 18th Jan
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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18th Jan
Practice notes
Negligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be...
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Produced in partnership with Professor Richard A Buckley 18th Jan
Practice notes
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...
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Produced in partnership with Professor Richard A Buckley 18th Jan
Practice notes
Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the street from vehicles, equipment,...
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15th Jan

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