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Practice notes
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
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 12th Jan
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
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
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
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
Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...
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9th Nov
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
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Produced in partnership with Charles Spragge of Druces 12th Jan
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
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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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 service out of the...
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9th Nov
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov

Most recent Costs and funding content

Practice notes
What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee agreement', is a means of funding...
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20th Jan
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 20th Jan
Practice notes
ReferencesThe Solicitors Act 1974 is referred to as the SA 1974 in this Practice Note.Can a solicitor recover fees?Whether a solicitor can recover...
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Produced in partnership with 4 New Square 20th Jan
Q&As
Amendments to statements of caseOnce served, a statement may only be amended with the written consent of the other parties or with the court’s...
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18th Jan
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 by serving...
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18th Jan
Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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18th Jan
Practice notes
What is a multi-party costs order?A multi-party costs order means simply an order in a claim where there are more parties than just one claimant and...
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Produced in partnership with Alice Nash of Hailsham Chambers 18th Jan
Practice notes
There are a variety of reasons why assignment of a conditional fee agreement (CFA) may be required. Where an assignment has taken place, paying...
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18th Jan
Practice notes
What is detailed assessment?Detailed assessment is the procedure by which the amount of costs payable by one party, the paying party who is generally...
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18th Jan
Practice notes
This Tracker provides examples of costs judgments where either the court has made an issues-based costs order or has refused to make an issues-based...
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18th Jan
Practice notes
ARCHIVED: This Practice Note is archived and is for historical purposes only.1 April 2013 saw reforms to many aspects of litigation funding but what...
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18th Jan
Practice notes
Coronavirus (COVID–19): A detailed assessment hearing will be impacted and consideration needs to be given as to how to undertake such hearings...
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18th Jan
Practice notes
It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived as it predates 1 April 2013 and is for reference purposes only in understanding the consultation that...
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18th Jan
Practice notes
This Practice Note considers non-party costs orders (NPCO) against solicitors. Such orders may be made where a solicitor acts as a funder where there...
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18th Jan
Practice notes
This Practice Note has been archived as is not maintained. Recovery of CFA success fees and ATE insurance premiums in publication and privacy...
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18th Jan
Practice notes
ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.Detailed assessment is the...
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18th Jan
Practice notes
Extension of the Electronic Working Pilot scheme to the SCCOThe 110th Practice Direction update, effective from 7 October 2019, extends the...
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18th Jan
Practice notes
ReferencesThe Solicitors Act 1974 is referred to as the SA 1974 in this Practice Note.The terms 'bill' and 'invoice' are often used interchangeably....
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Produced in partnership with 4 New Square 18th Jan

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