The defendant and additional claims

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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
A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
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)...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th 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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9th Nov
Practice notes
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....
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9th Nov
Practice notes
This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
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...
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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
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 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 discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, 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
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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering jurisdiction. For...
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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

Most recent The defendant and additional claims 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]]][Specify...
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18th Jan
Practice notes
This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...
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Produced in partnership with Kate Temple-Mabe of 7BR 18th Jan
Practice notes
Although it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a matter of substantive law.This Practice...
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18th Jan
Practice notes
As seen in the Practice Notes: What is set-off and when is it available? and Types of set-off there are different recognised 'types' of set-off,...
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18th Jan
Practice notes
Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction.Independent set-off and...
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17th Jan
Practice notes
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...
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17th Jan
Practice notes
This Practice Note sets out when and how a defendant may bring a counterclaim or other ‘additional claim’ (including a claim for a contribution or...
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15th 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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15th 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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15th Jan
Q&As
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...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 8th Jan
Q&As
What is a counterclaim?Counterclaims and other additional claims are governed by CPR 20.A counterclaim is defined by CPR 20.2(1)(a) as a claim by a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
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...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan
Q&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...
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17th Dec
Q&As
Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
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6th Dec
Q&As
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...
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28th Nov
Q&As
CPR 20 deals with counterclaims and additional claims and applies to:‘a) a counterclaim by a defendant against the claimant or against the claimant...
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28th Nov

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