The defendant and additional claims

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Practice notes
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key...
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Produced in partnership with Jack Mitchell of Old 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
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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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
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...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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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 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
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...
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9th Nov
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
Precedents
Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...
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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 service out of the...
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9th Nov
Practice notes
What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...
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9th Nov
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...
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9th Nov

Most recent The defendant and additional claims content

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
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
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
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
The general rule, set out in CPR 15.4(1) is that the period for serving a defence is:•14 days after service of the particulars of claim, or•if the...
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28th Nov
Q&As
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...
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28th Nov
Q&As
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...
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28th Nov
Q&As
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...
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27th Nov
Precedents
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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27th Nov
Precedents
IntroductionThis application should be made using Form N244 (Form N244(CC) if in the Commercial Court).Application notice (Form N244)Relevant...
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27th Nov
Precedents
IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...
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27th Nov
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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27th Nov

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