Evidence and disclosure

Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...

9th Nov

Practice notes

Hague Service Convention—service outside the jurisdiction

Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...

9th Nov

Practice notes

Single joint experts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

9th Nov

Practice notes

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Unless orders

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...

9th Nov

In-house

Practice notes

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Drafting the particulars of claim and reply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

In-house

Practice notes

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...

9th Nov

Practice notes

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

9th Nov

In-house

Practice notes

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...

Produced in partnership with Professor Richard A Buckley 12th Jan

Practice notes

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...

Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan

In-house

Practice notes

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

9th Nov

Q&As

Who pays an expert’s fees for answering questions put to them under CPR 35.6?

As set out in the Practice Note: Expert reports, the expert's instructing party must pay the expert's fees in answering questions put under CPR 35.6,...

28th Nov

Q&As

If a defendant discloses a document after the deadline has passed because they mistakenly thought it was included with the originally disclosed documents, can they rely on that document? Can I object to its use, and if so on what basis?

Ongoing obligationCPR 31 deals with the disclosure and inspection of documents. CPR 31.21 states that a party may not rely on any document which he...

28th Nov

Q&As

Once a form N268 is completed in accordance with the deadlines set under CPR 32.19, what is the procedure followed in order to prove the document at trial?

Service of notice to proveA party is deemed to have admitted the authenticity of a document disclosed under CPR 31, unless you serve a notice (form...

28th Nov

Q&As

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does not—should this be considered on a case by case basis?

CPR PD 51U, para 1.2 provides that the disclosure pilot applies in the Business and Property Courts:‘…The pilot applies from the Commencement Date for...

28th Nov

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 track—case managementClaims on the small claims track are known as small claims and are governed by CPR 27 and CPR PD 27.Parties on the...

28th Nov

COVID-19

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 a party will not need to go through the expense of proving...

28th Nov

Q&As

What is the scope of section 1 of a disclosure report (Form N263)?

Disclosure obligations in multi-track claimsUnder CPR 31.5(2), unless the court orders otherwise, parties involved in multi-track cases (and which do...

28th Nov

Q&As

Is there a limit to the number of Notices to Admit Facts that a party can serve?

Notices to admit are dealt with under CPR 32.18, which sets out the requirements and limits that apply, however no reference is made as to whether...

28th Nov

Q&As

Is it possible to make an ex-parte disclosure application against a non-party?

There may be instances when you know or suspect that a person or entity that is not a party to proceedings (a 'non-party' or 'third party') has...

28th Nov

Q&As

Can witnesses in civil proceedings decline to provide answers that might lead to a criminal trial and is there a duty to draw that to their attention?

In answering this Q&A, we have assumed that this Q&A is referring to the privilege against self-incrimination.Privilege against self-incrimination...

28th Nov

Q&As

An accommodation expert has had sight of other expert reports after his or her expert report has been disclosed. What impact does this have on the subsequent preparation of a joint statement? Is the expert permitted to make reference and/or rely on the other expert reports when giving evidence in court?

CPR 35.7–CPR 35.8 and CPR PD 35 deal with the instruction and use of experts by the parties and the powers of the court to order their use.Expert...

28th Nov

Q&As

What is the evidential status of a direction issued under section 106 of the Communications Act 2003 or the register maintained by Ofcom under section 108 of the Communications Act 2003?

Although the Communications Act 2003 (CA 2003) does not appear to explicitly address the evidential status of either a CA 2003, s 106 direction or the...

28th Nov

Q&As

Can confidential communications between a lawyer in one jurisdiction, and one in another jurisdiction, regarding a mutual client, fall under legal advice privilege, provided they are for the purpose of giving legal advice?

Legal professional privilege (LPP)There are two different types of legal professional privilege—both of which protect the relevant information from...

28th Nov

Q&As

Do you have any specific Precedent letters of instruction to a single joint expert for valuing mixed use commercial property in financial remedy proceedings? Are there any accompanying Practice Notes?

This Q&A is limited to the instruction of a single joint expert to provide valuation evidence as to the value of a mixed use commercial property in...

28th Nov

Precedents

Witness statement in support of application for security for costs

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...

26th Sep

Precedents