Factual evidence

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
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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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Factual evidence content

Practice notes
Witnesses—interviewingThis Practice Note looks at the process of interviewing or proofing witnesses. It covers who should attend witness interviews;...
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9th Sep
Practice notes
Drafting witness statements—technical requirementsThis Practice Note provides information on the technical requirements when drafting witness...
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9th Sep
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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9th Sep
Practice notes
Witness evidence—preparing for trialThis Practice Note should be read in conjunction with Practice Notes: Witness evidence—giving evidence at trial,...
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9th Sep
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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9th Sep
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 9th Sep
Practice notes
Witness evidence—code of conduct requirements [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Code of conduct...
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9th Sep
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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9th Sep
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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9th Sep
Practice notes
Witness evidence—Jackson Reforms [Archived]ARCHIVED:Note: this Practice Note only gives guidance on the provisions implemented in April 2013. It does...
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9th Sep
Practice notes
Courts’ power to manage factual evidenceIn this Practice Note, we address the courts’ power to manage evidence under CPR 32.1 and, in relation to...
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9th Sep
Practice notes
Preparing to interview a witnessThis Practice Note should be read in conjunction with:•Witnesses—interviewing which covers, among other things,...
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9th Sep
Q&As
What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?Small claims...
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9th Sep
Q&As
What would reasonable conduct money for a witness be in a remote hearing where the witness does not need to travel?When a witness is served with a...
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9th Sep
Q&As
Can a notice to admit facts be served pre-action in correspondence?The aim of a notice to admit facts is to save time and importantly, costs, because...
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9th Sep
Q&As
What is the effect of a party stating on their directions questionnaire that they intend to call no witnesses and in this scenario would the party...
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9th Sep
Q&As
If I have raised proceedings based on overpayment of an asset, can I dispose of that asset while proceedings are still ongoing without affecting your...
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9th Sep

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