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

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
Q&As
What is the difference between exchange of witness statements and service of witness statements in a court order (which doesn't specify...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 9th Sep
Q&As
At the pre-trial stage, can parties agree to an extension to file witness statements between themselves or do you require the courts permission for an...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 9th Sep
Q&As
Is court permission required before serving a notice to admit facts (Form N266) on the other side?CPR 32.18 provides:‘(1) A party may serve notice on...
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9th Sep
Q&As
If a party serves a witness statement after the new statement of truth rules are in force (ie post April 2020), but the witness statement was signed...
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Produced in partnership with Ryan Hocking of Gatehouse Chambers 9th Sep
Q&As
In relation to witness evidence under the Civil Procedure Rules, what are the time limits for filing a witness statement with the court? Are there...
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Produced in partnership with Kayleigh Lindford and Philip Roberts of Clarke Willmott 9th Sep
Q&As
What form should I use to file a notice to rely on hearsay evidence with the court?After a thorough search of our resources we have been unable to...
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9th Sep
Q&As
Foreign witness statements—do I need to provide a translation?Requirement to provide a translationWhere a witness statement is filed in a foreign...
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9th Sep
Q&As
Is it necessary to pay a witness conduct money if summons are issued but the trial is later vacated at short notice?When a witness is served with a...
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9th Sep
Q&As
What is the process in civil proceedings when seeking a witness summons within seven days of the start of the trial? Would an application be required...
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9th Sep
Q&As
Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 9th Sep

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