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Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 12th 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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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
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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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 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
Precedents
[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
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9th Nov
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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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
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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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
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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Produced in partnership with Alice Nash of Hailsham Chambers 12th Jan

Most recent Litigation content

Q&As
Hearings in privateAs CPR 39.2(1) explicitly states, the general rule is that a hearing is to be in public, but it may be held in private (CPR...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Q&As
CPR Part 38 sets out the procedure by which a claimant may discontinue all or part of a claim.CPR 38.3(1) confirms, in terms, that to discontinue a...
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Produced in partnership with Leigh Callaway of Fladgate 8th Jan
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] OR...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
When a judgment or order takes effectThe starting point is that a judgment or order takes effect from the day when it is given or made unless a later...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Q&As
Serving documents by emailService by email is permitted under CPR 6.20(1)(d) provided it is in accordance with CPR PD 6A, para 4.1, which requires the...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Q&As
A distinction has to be drawn between a Tomlin Order and a Consent Order as the methods by which enforcement can be commenced differ. A Consent Order...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 8th Jan
Q&As
Time to payCPR 40.11 provides that:‘A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14...
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Produced in partnership with David Willink of Lamb Chambers 8th Jan
Practice notes
Coronavirus (Covid-19): If making an application for an extension of time, this may be affected by the impact of coronavirus on the availability of...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
An ‘additional claim’ is any claim other than the claim brought by the claimant against the defendant: CPR 20.2(2)(a). A counterclaim is, therefore, a...
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Produced in partnership with David Willink of Lamb Chambers 8th Jan
Q&As
There is no procedure contained within the CPR which allows for a party unilaterally to 'withdraw' a statement of case. Although a claimant can...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
In this Q&A, we have taken into consideration whether it is appropriate to issue the claim under Part 7 or Part 8 of the Civil Procedure Rules 1998.A...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan
Q&As
The answer is the individual trustees.A trust is not itself a legal person or entity. It is instead a term referring to an aggregate accumulation of...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan
Precedents
[Date][Insert claimant’s solicitors‘ name, reference and address]Dear Sirs[Insert name of claimant] v [insert name of defendant]—Claim No: [insert...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 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
It is assumed for the purposes of this Q&A that the claim has been brought within the applicable limitation period, and any amendment to the relevant...
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Produced in partnership with Ryan Turner of Lamb Chambers 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
If the claim form is amended prior to service without court permission, a question mark remains as to whether the amended claim form needs to be...
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8th Dec

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