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Practice notes
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan
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
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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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
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
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 12th Jan
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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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
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 applicable law. For...
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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
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
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Litigation content

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 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
This Practice Note is a introduction to amendments to statements of case (pleadings). It should be read in conjunction with Practice Notes: Amending a...
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16th Feb
Q&As
The provisions of CPR PD 39A (which provide for a trial bundle and the requirements it must fulfil) do not apply to small claims trials by operation...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Feb
Q&As
Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...
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15th 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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15th Feb
Q&As
This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...
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13th Feb
Q&As
JurisdictionIf the defendant is living in the UKWhether the English court would have jurisdiction of the dispute needs to be considered under the...
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13th Feb
Practice notes
This Practice Note provides guidance on when the public may access documents on the court file used in civil proceedings. It explains the type of...
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13th Feb
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners in a number of areas covered in this Practice Note, being service and...
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Produced in partnership with Arish Bharucha and Elizabeth Meade of Cooke Young and Keidan LLP 13th Feb
Practice notes
This Practice Note is for use in cases in which the procedure was commenced prior to IP completion day (31 December 2020 at 11 pm) and the...
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13th Feb
Practice notes
This Practice Note should be read in conjunction with Practice Notes:•Collateral use of documents in civil proceedings—which deals with CPR...
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13th Feb
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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13th Feb
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...
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13th Feb

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