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Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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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
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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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 default judgment. For...
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9th Nov
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Precedents
[insert name and address of defendant or defendant'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 12th Jan
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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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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
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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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 security for costs. For...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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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 when dealing with disclosure...
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9th Nov

Most recent Litigation content

Practice notes
This Practice Note considers the question when do I need to serve the claim form?. The time limits for serving the claim form differ depending in...
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24th Feb
Practice notes
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
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Produced in partnership with Camilla McPherson 24th Feb
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see: Service of the claim form—service in the...
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24th Feb
Q&As
According to the Civil Procedure Rules and Practice Directions, it is not possible to issue a claim in the County Court by email. See CPR PD 5B, para...
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24th Feb
Q&As
What is a trial window?Lawyers, judges and even certain bits of the Civil Procedure Rules 1998 (CPR 1998) (such as CPR PD 3D—Mesothelioma Claims)...
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Produced in partnership with Alex Cunliffe of Lamb Chambers 24th Feb
Q&As
Status of practice directionsSection 13 of the Constitutional Reform Act 2005 (CRA 2005), CRA 2005, Sch 2, Pt 1 sets out a process by which the...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 24th Feb
Q&As
Statement of truthOur Practice Note Statements of truth, sets out the circumstances in which a solicitor may sign a statement of truth and how it...
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24th Feb
Q&As
In summary, if the judgment debt is paid within one month of the date of judgment, you may apply to remove the judgment from the Register of...
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24th Feb
Practice notes
This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...
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24th Feb
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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Produced in partnership with Philip Roberts of Clarke Willmott LLP 24th Feb
Practice notes
This Practice Note should be considered in conjunction with Practice Notes: Amending a statement of case—introduction and costs, Amending a statement...
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23rd Feb
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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23rd Feb
Practice notes
This Practice Note refers to old provisions in Part 6 which are subject to savings provisions post 31 December 2020. For detailed guidance on the...
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22nd Feb
Practice notes
High Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim....
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22nd Feb
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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18th Feb
Practice notes
This Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a factual witness is allowed to give oral...
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18th Feb
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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17th Feb
Practice notes
Note: the Master of the Rolls issued guidance in March 2013, entitled Terminology for Litigants in Person, to clarify the correct terminology to be...
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Produced in partnership with Philip Roberts of Clarke Willmott LLP 16th Feb

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