Disclosure

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Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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9th Nov
Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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9th Nov
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 12th Jan
Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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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
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
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
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
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
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
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
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...
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9th Nov
Practice notes
This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
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Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent Disclosure content

Practice notes
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...
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12th Apr
Practice notes
On 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period. This Practice Note introduces the general...
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12th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Apr
Precedents
Filed on behalf of the [Claimant OR Defendant ]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
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9th Apr
Precedents
[Insert name and address of recipient][Insert date]PRIVATE, CONFIDENTIAL AND PRIVILEGEDDear [insert name of recipient][Insert case name and claim...
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9th Apr
Precedents
IntroductionThe application in the Commercial Court is made using Form N244CC.Application notice – Commercial Court (Form N244(CC))...
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9th Apr
Precedents
IntroductionThe application should be made using Form N244 (Form N244(CC) if in the Commercial Court).Application notice (Form N244)Application...
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9th Apr
Precedents
The list of documents should generally be completed on Form N265 (List of documents: standard disclosure). However, different forms apply depending on...
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9th Apr
Precedents
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Practice notes
'Electronic disclosure' is the proper management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or...
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8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. A new mandatory two-year disclosure pilot scheme will take place from January...
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8th Apr
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 8th Apr
Practice notes
This Practice Note should be read in conjunction with Practice Note: Introduction to electronic disclosure.'Electronic disclosure' is the proper...
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8th Apr
Practice notes
Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the regime which is expected to apply once...
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8th Apr
Practice notes
Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the regime which is expected to apply once...
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8th Apr
Practice notes
This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of proving the authenticity of a document, when...
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8th Apr
Practice notes
GeneralThis is the process whereby you review the documentary evidence and decide what documents should be disclosed. To do this effectively and...
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8th Apr
Practice notes
This Practice Note should be read in conjunction with: Disclosure—introduction. Note that this Practice Note does not cover the provisions of the...
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8th Apr

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