Evidence and disclosure

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Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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9th Nov
Practice notes
There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...
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9th Nov
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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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 cross border EU...
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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 the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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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 is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
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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9th Nov
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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9th Nov
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...
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9th Nov
Practice notes
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...
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Produced in partnership with Professor Richard A Buckley 12th Jan

Most recent Evidence and disclosure content

Precedents
IN THE [COURT]Claim no: [insert claim number]BETWEEN[Insert claimant’s name]        ClaimantAND[Insert defendant’s name]...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
IntroductionApplication notice (Form N244)Application notice—Commercial Court (Form N244(CC)) (Word)These Drafting Notes are to be used in conjunction...
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Produced in partnership with Leigh Callaway of Fladgate 9th Apr
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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9th Apr
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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9th Apr
Precedents
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
Witness statement of [insert name] of [insert company name]Filed on behalf of the Applicant/[Intended Claimant OR Intended Defendant]Number of witness...
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9th Apr
Practice notes
This Practice Note summarises some of the legal and practical issues associated with the use of survey evidence and witness evidence in trade mark and...
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Produced in partnership with Amanda McDowall of CMS and Sarah Wright of CMS 9th Apr
Practice notes
The Freedom of Information Act 2000 (FIA 2000) confers a general right of public access to information that is held by public authorities which...
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Produced in partnership with Chris Alderson of Hempsons 8th Apr
Practice notes
This practice note examines what a certified copy is, when a certified copy is required, who can certify a document and what format the certification...
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8th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the COVID-19...
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8th Apr
Practice notes
In this Practice Note, we address the courts’ power to manage evidence under CPR 32.1 and, in relation to witness evidence specifically, under CPR...
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8th Apr
Practice notes
'Electronic disclosure' is the proper management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or...
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8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. A new mandatory two-year disclosure pilot scheme will take place from January...
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8th Apr
Practice notes
This Practice Note is for use when applying for evidence to be taken in the courts of England and Wales for use in an EU Member State where the...
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8th Apr
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.Code of conduct requirementsA solicitor's relationship with witnesses has to be...
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8th 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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8th Apr
Practice notes
This Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for permission to adduce...
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8th Apr
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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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 8th Apr
Practice notes
This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...
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8th Apr

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