Starting a claim

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Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
Practice notes
This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
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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 default judgment. For...
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9th Nov
Practice notes
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
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9th Nov
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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9th Nov
Practice notes
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...
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Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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9th Nov
Practice notes
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...
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9th Nov
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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9th Nov

Most recent Starting a claim content

Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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16th May
Practice notes
TCC—starting a claim—High Court or County Court?This Practice Note considers starting a claim in the Technology and Construction Court (TCC). In...
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15th May
Practice notes
Starting an SPA breach of warranty claim—a practical guideThis Practice Note considers how to pursue a breach of warranty claim in the context of...
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15th May
Practice notes
CE-File—electronic filing and case management in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...
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15th May
Practice notes
Court fees in civil proceedingsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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15th May
Practice notes
Corporate joint venture dispute—dealing with deadlock: initial considerationsThis Practice Note identifies, from a practical perspective, the initial...
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Produced in partnership with John Gilbert at Bracewell 15th May
Practice notes
Where to start the claimHigh Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of...
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15th May
Practice notes
Starting a UK GDPR compensation claim—a practical guideThis Practice Note provides guidance on pursuing a UK GDPR claim pursuant to the UK data regime...
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15th May
Practice notes
Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
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15th May
Practice notes
Resolving a dispute—initial considerationsPre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to...
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15th May
Practice notes
Starting a breach of contract claim—a practical guideScope of this Practice NoteThis Practice Note on contract breach claims provides practical...
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15th May
Practice notes
Joint venture disputes—how to respondThis Practice Note identifies the key practical considerations when faced with a potential joint venture (JV)...
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Produced in partnership with John Gilbert at Bracewell 15th May
Practice notes
Overview of the litigation process in England and WalesThis Practice Note sets out an overview of a litigation process for a dispute in England and...
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15th May
Practice notes
Online Civil Money Claims pilot scheme—CPR PD 51RThis Practice Note identifies a pilot scheme to test an online court environment in County Court...
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15th May
Practice notes
Business and Property Courts—shorter trials schemeThis Practice Note provides guidance on the interpretation and application of the relevant...
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15th May
Practice notes
CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...
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15th May
Practice notes
Overview of the litigation process in England and Wales—related documentsThis Practice Note is to be read in conjunction with Practice Note: Overview...
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15th May
Practice notes
CE File—background to the electronic system in Chancery [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background...
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15th May
Practice notes
Group Litigation Orders—procedureWho may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate...
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Produced in partnership with Andrew Wilson 15th May
Practice notes
County Court money claims—early stages progress up to allocationThis Practice Note should be read in conjunction with Practice Note: County Court...
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15th May

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