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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
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 service out of the...
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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
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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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 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
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...
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9th Nov
Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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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
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 different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 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
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 12th Jan

Most recent Costs and funding content

Practice notes
Intellectual Property Enterprise Court—costs capping in practiceBackgroundThe Intellectual Property Enterprise Court (IPEC) is a specialist list of...
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Produced in partnership with Angela Fox of Maucher Jenkins 12th May
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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10th May
Practice notes
Recovering the costs of a detailed assessmentFollowing detailed assessment, the receiving party is generally entitled to the costs of the detailed...
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10th May
Practice notes
This table summarises the following information for different types of claim funded by way of a conditional fee agreement:•the maximum success fee you...
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5th May
Practice notes
This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main...
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4th May
Practice notes
This Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on...
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4th May
Practice notes
This Practice Note is concerned with challenges to funding arrangements associated with retainers and considers:•what is a funding arrangement?•why...
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Produced in partnership with Nicholas Lee of Paragon Costs 4th May
Practice notes
On 1 October 2020, the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 came into force and made significant changes to CPR 3 with the...
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30th Apr
Practice notes
What is an interim payment on account of costs?Where the court has made an order for the payment of costs by the losing party, the successful party...
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28th Apr
Practice notes
This Practice Note highlights that such costs are not recoverable as of right and identifies issues to be considered when determining whether, and to...
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28th Apr
Practice notes
Rationale for enforcing an interim costs orderIt is important that the courts have mechanisms at their disposal so that they are in a position to...
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28th Apr
Practice notes
This Practice Note looks at the effect of a party’s conduct on both the type of costs order a court will make and the amount of costs that will be...
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27th Apr
Practice notes
This Practice Note considers recovery of liability expenses insurance premiums generally. For an introduction to before the event (BTE) insurance and...
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27th Apr
Practice notes
Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...
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26th Apr
Practice notes
On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...
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26th Apr
Practice notes
On 1 October 2020, changes to both section II of Part 3 and Practice Direction 3E dealing with costs budgeting came into force through the Civil...
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26th Apr
Practice notes
On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...
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26th Apr
Practice notes
Use of electronic filing in the SCCOThe Electronic Working Pilot Scheme set out in CPR PD 51O is mandatory for legally represented parties in the...
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26th Apr
Practice notes
Costs management in the TCCDoes formal costs management apply?The Technology and Construction Court (TCC) spans both the High Court and the County...
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26th Apr
Q&As
The provisions in the CPR are very clear that a costs budget needs to be filed by the date set out by the court (CPR 3.13). A failure to do so will...
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26th Apr

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