Factual evidence

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Practice notes
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must...
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Produced in partnership with Charles Spragge of Druces 19th May
Practice notes
AffidavitsImpact of coronavirus (COVID-19) on affidavitsThe social distancing required as a result of the coronavirus (COVID-19) pandemic is likely to...
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19th May
Practice notes
Quantum meruit (value of services) and quantum valebat (value of goods)When is quantum meruit and quantum valebat relevant?Claims in quantum meruit...
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19th May
Practice notes
What constitutes a valid assignment of a contract?This Practice Note identifies what can be transferred when assigning a contract and how to effect a...
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19th May
Practice notes
Wasted costs ordersWhat 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...
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19th May
Practice notes
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...
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19th May
Practice notes
Filing the defenceThis Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice...
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19th May
Practice notes
Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...
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Produced in partnership with Angharad Parry of 20 Essex Street 19th May
Practice notes
Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May
Practice notes
Costs budgets—filing and exchangeCoronavirus (COVID-19): When filing and exchanging a costs budget the timing maybe affected by the impact of...
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19th May
Practice notes
Case management—court's powers—Dispute ResolutionThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Contractual estoppelThis Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 19th May
Practice notes
Guideline hourly ratesThis Practice Note considers the Guideline Hourly Rates (GHRs). These are hourly rates which it is considered for a solicitor to...
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19th May
Precedents
IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...
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19th May
Practice notes
Costs-only proceedings (Part 8)This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court...
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19th May

Most recent Factual evidence content

Practice notes
Witness evidence—giving evidence at trialThis Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a...
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23rd Jul
Practice notes
Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
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22nd Jul
Q&As
Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the...
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22nd Jul
Practice notes
Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...
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22nd Jul
Practice notes
Public access to court documents and information in civil proceedingsThis Practice Note provides guidance on when the public may access documents on...
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22nd Jul
Practice notes
Verification of documents and informationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural...
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21st Jul
Practice notes
Statements of truthSTOP PRESS: This Practice Note is being reviewed in light of the 134th Practice Direction update, which makes changes to CPR PD 51R...
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20th Jul
Practice notes
AffidavitsImpact of coronavirus (COVID-19) on affidavitsThe social distancing required as a result of the coronavirus (COVID-19) pandemic is likely to...
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16th Jul
Practice notes
Witness statements—substantive contentThis Practice Note provides general guidance for the drafting of the substantive content in factual witness...
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15th Jul
Practice notes
Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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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 13th Jul
Practice notes
Planning witness evidence and choosing witnessesThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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12th Jul
Precedents
Witness statement in support of application for an extension of time for filing the defenceFiled on behalf of the defendantWitness statement of...
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2nd Jul
Practice notes
Use of confidential information in civil proceedingsThis Practice Note looks at the status and use of confidential information in civil proceedings...
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2nd Jul
Practice notes
Hearsay evidence in civil litigationThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
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25th Jun
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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24th Jun
Precedents
Letter of request for taking evidenceThis Precedent is a Draft Letter of Request as required by CPR 34.13. The Precedent is taken from Annex A of...
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23rd Jun
Practice notes
Witness statements and other factual evidence—status, use and immunityThis Practice Note provides guidance on the interpretation and application of...
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21st Jun
Q&As
How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?In responding...
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11th Jun
Q&As
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
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Produced in partnership with James Tunley of Lamb Chambers 11th Jun

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