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Practice notes
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan
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
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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9th Nov
Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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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
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 considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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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 considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes
This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...
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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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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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 security for costs. For...
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9th Nov

Most recent Litigation content

Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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21st Jan
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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21st Jan
Practice notes
This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...
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21st Jan
Practice notes
This Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any deficiencies in the particulars of...
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Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan
Practice notes
If the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this Practice Note should be read in...
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Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan
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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20th Jan
Practice notes
This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...
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20th Jan
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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20th Jan
Practice notes
High Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim....
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19th Jan
Practice notes
Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...
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Produced in partnership with Constantine Cannon LLP 19th Jan
Q&As
The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...
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Produced in partnership with James Tunley of Lamb Chambers 18th Jan
Q&As
If you wish to amend a statement of case, CPR Part 17 states that the court’s permission for an amendment is not required when the amended document...
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18th Jan
Q&As
For these purposes, we assume that the amendments are either:•with the court’s permission, or•without the court’s permission and that they have not...
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18th Jan
Q&As
The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying...
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18th Jan
Q&As
In CPR 2.3(1), 'statement of case':‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim,...
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18th Jan
Q&As
In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract.Amending a statement of caseCPR...
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18th Jan

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