Privilege/without prejudice

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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 Privilege/without prejudice content

Q&As
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's...
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9th Sep
Q&As
If I have provided a foreign language document in response to a Part 18 request, do I have to provide an English translationThere does not appear to...
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9th Sep
Q&As
When will a reference to counsel’s opinion in inter partes correspondence amount to a waiver of legal professional privilege? Will the disclosing...
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Produced in partnership with Ryan Turner of Lamb Chambers 9th Sep
Q&As
Where ‘without prejudice, save as to costs’ documents are mistakenly referred to in pleadings, what should the pleading party do? Should there be an...
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Produced in partnership with James Tunley of Lamb Chambers 9th Sep
Q&As
Where one page of an expert report is disclosed pre-action, is privilege waived and the receiving party entitled to see the complete report?There is...
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9th Sep
Q&As
Will any privilege in a document sent by a lawyer to a witness be retained where the matter is moved to another law firm?We are not aware of any...
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9th Sep
Q&As
A document is labelled ‘privileged’, ‘confidential’ and/or ‘privileged and confidential’. Does this mean it is privileged?General principles—privilege...
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9th Sep
Q&As
Is advice and correspondence between a trade union paid official and a member covered by any type of privilege?Types of privilegePrivilege can be...
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9th Sep
Q&As
Is it possible to give a limited waiver of privilege by redacting material in a document otherwise covered by legal advice privilege?Generally, see...
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9th Sep
Q&As
Does legal advice privilege apply to the creation, management and operation of companies?Legal professional privilege (LPP) does not extend to...
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9th Sep
Precedents
Draft letter concerning privileged material inadvertently sent to opponentDear [insert organisation name]We write to inform you that [we OR our...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Sep
Precedents
Witness statement in response to application for delivery up of privileged materialFiled on behalf of the [claimant OR defendant]Witness statement of...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Sep
Precedents
Draft order to recover inadvertently disclosed documentsIN THE [COURT]Claim no.: [insert claim number]BETWEEN[Insert claimant’s...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Sep
Precedents
Evidence in support of an application for delivery up of inadvertently disclosed documents[DETAILS OF DEPONENT ETC.]IN THE [COURT]Claim no.: [insert...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Sep
Precedents
Draft response on inadvertently receiving privileged materialDear [insert organisation name]We write in response to your letter of [insert date]...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Sep

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