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
When a solicitor instructs counsel to appear at a hearing and advise generally in respect of a matter, should the barrister be considered a processor,...
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9th Sep
Q&As
Is a law firm a data controller or data processor under the UK General Data Protection Regulation? If a law firm acts as data processor, what...
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9th Sep
Practice notes
Survey and witness evidence in trade mark and passing off casesThis Practice Note summarises some of the legal and practical issues associated with...
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Produced in partnership with Amanda McDowall of Lee & Thompson and Sarah Wright of CMS 9th Sep
Q&As
Where a defendant has been provided with disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996, how is it...
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9th Sep
Precedents
Witness statement in support of application to adduce expert evidenceFiled on behalf of the [claimant OR defendant]Witness statement of [insert...
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9th Sep
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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9th Sep
Precedents
Witness statement in support of application for summary judgmentNote: on 1 April 2013, the 'Jackson Reforms' introduced a new CPR 32.2(3) on factual...
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9th Sep
Precedents
Witness statement in reply to application for summary judgmentFiled on behalf of the [claimant OR defendant]Witness statement of [insert initial and...
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9th Sep
Precedents
Witness statement in support of an application on the basis of no reasonable groundsFiled on behalf of the [claimant OR defendant]Witness statement of...
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9th Sep
Precedents
Witness statement in support of application for strike out on the basis of failure to complyFiled on behalf of the [claimant OR defendant]Witness...
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9th Sep
Precedents
Witness statement in support of application for permission to instruct own expert to give evidence when dissatisfied with single joint expert’s...
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9th Sep
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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9th Sep
Precedents
Witness statement in support of application to set aside default judgmentFiled on behalf of the defendantWitness statement of [insert initial and...
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9th Sep
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a third partyFiled on behalf of the...
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9th Sep
Precedents
Witness statement in support of application for declaration that another party’s solicitor has ceased to actFiled on behalf of the [claimant OR...
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9th Sep
Precedents
Witness statement in support of application to substitute a defendant after the expiry of the limitation periodFiled on behalf of the ClaimantWitness...
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9th Sep
Precedents
Witness statement in support of application for disclosure against a non-partyFiled on behalf of the [Claimant OR Defendant ]Witness statement of...
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9th Sep
Precedents
Witness statement in support of application for strike out on the basis of abuse of processFiled on behalf of the defendantWitness statement of...
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9th Sep
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendantFiled on behalf of the...
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9th Sep
Precedents
Witness statement in support of application for specific disclosureFiled on behalf of the [Claimant OR Defendant]Witness statement of [insert initial...
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9th Sep

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