A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...
This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...
There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
In accordance with the glossary to the CPR, a stay imposes a hold on proceedings. No procedural steps may be taken except for any steps allowed by the...
The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA 1980). That provision has been described as...
Interest generallyWhere a sum of money is due from one party to another, whether interest is payable on repayment of the capital—and at what rate—will...
BackgroundThe purpose of Part 20 is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner (CPR...
This Q&A uses the following scenario: A and B enter into a contract whereby A agrees to purchase a widget from B for a price of £1,000. B provides the...
In this Q&A, it has been assumed that the question refers to pleading set off in a counterclaim. Furthermore, this Q&A has focussed on when and what...