The defendant and additional claims

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent The defendant and additional claims content

Precedents
Defence and counterclaim (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND...
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15th Sep
Practice notes
Making an additional claim under CPR 20—counterclaim, defence to counterclaim and reply to defence to counterclaimThis Practice Note provides guidance...
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15th Sep
Practice notes
Counterclaims and additional claims under CPR 20—initial considerations and permissionThis Practice Note sets out when and how a defendant may bring a...
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15th Sep
Practice notes
Making an additional claim under CPR 20—contribution and indemnity claimsThis Practice Note provides guidance on the interpretation and application of...
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15th Sep
Q&As
Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the...
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13th Sep
Practice notes
Independent set-off and transaction set-offAlthough it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a...
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9th Sep
Practice notes
Multiple tortfeasors—liability issues and contribution claimsThis Practice Note considers tortious liability issues where more than one party is...
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Produced in partnership with Kate Temple-Mabe of 7BR 9th Sep
Q&As
Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?This Q&A uses the...
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9th Sep
Q&As
Where Party A has acknowledged a debt due to Party B, but is silent as to interest on the debt, can Party B seek to recover interest on the debt and...
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9th Sep
Q&As
If a third party is added to proceedings as a part 20 defendant by the original defendant, is the third party automatically added as a party or does...
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9th Sep
Q&As
Can you raise a time-barred counterclaim?The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA...
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Produced in partnership with Mr Tom Montagu-Smith, QC 9th Sep
Q&As
Is a judgment necessary in order to pursue a claim for contribution?Do you need a judgment to pursue a claim for a contribution?The fact that there...
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9th Sep
Q&As
How do I serve a counterclaim on a second defendant who is out of the jurisdiction?What is a counterclaim?Counterclaims and other additional claims...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As
What court fee(s) are payable when a claimant in small claims track proceedings (claim value of £5,500) wants to issue a CPR 20 claim against a new...
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9th Sep
Q&As
Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 9th Sep
Q&As
Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?The general rule, set out in CPR 15.4(1)...
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9th Sep

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