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 merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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 considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...
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...
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...
A 'set-off' is where (adopting the use of ‘X’ and ‘Y’ which, and please note so as to avoid confusion, is the opposite of the defined parties in our...
Where a defendant files a counterclaim (which is described in the CPR glossary as being 'a claim brought by a defendant in response to the claimant’s...
Do you need a judgment to pursue a claim for a contribution?The fact that there has been no judgment does not preclude the bringing of a contribution...
In answering this Q&A, we assume this Q&A is referring to making a claim for an indemnity from an existing defendant ie an additional claim.DefenceFor...
The treatment of a Part 20 claim is set out in CPR 20.3(1) as follows: ‘an additional claim shall be treated as if it were a claim for the purposes of...
Filed on behalf of the DefendantWitness statement of [insert name]Number of witness statement: [insert number of witness statement in relation to the...
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