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Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes
This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...
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9th Nov
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...
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9th Nov

Most recent Evidence and disclosure content

Practice notes
This Practice Note provides information on the technical requirements when drafting witness statements. This includes how to format the witness...
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29th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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29th Apr
Practice notes
Coronavirus (COVID-19): if seeking to obtain evidence from abroad for use in UK proceedings or if seeking evidence in the UK for use in foreign...
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22nd Apr
Practice notes
This Practice Note considers data protection issues that should or may be considered during disclosure in civil proceedings. It looks at the role of...
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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 16th Apr
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as...
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16th Apr
Practice notes
When instructing experts you are expected to have regard to:•all relevant CPR Rules and Practice Directions•the Guidance for the instruction of...
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15th Apr
Practice notes
This Practice Note explains the process of identifying documents relevant to the issues in dispute and which may need to be disclosed under Part 31 of...
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15th Apr
Practice notes
This Practice Note sets out the general principles that apply when processing documents for the purposes of disclosure.Note: this Practice Note does...
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15th Apr
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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15th Apr
Practice notes
In this Practice Note, we identify difficulties which may arise when interviewing or ‘proofing’ witnesses and what approach to take in light of CPR...
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15th Apr
Practice notes
This Practice Note refers to Retained Regulation (EU) 2016/679 (UK GDPR). The regime under this retained regulation came into force on IP completion...
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15th Apr
Practice notes
It is vital that experts are aware of their professional duties and comply with them accordingly. A failure to do so may have a various consequences...
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15th Apr
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...
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15th Apr
Practice notes
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...
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15th Apr
Precedents
Filed on behalf of the [insert party eg [Claimant OR Appellant] or [Defendant OR Respondents]]Number of witness statement: [insert eg first]Date:...
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12th Apr
Practice notes
This Practice Note provides guidance on expert evidence in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and...
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9th Apr
Practice notes
This Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a factual witness is allowed to give oral...
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9th Apr
Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr
Precedents
Dear [insert organisation name]We write in response to your letter of [insert date] concerning documents you sent to us on [insert date], which you...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr

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