Limitation

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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
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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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
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
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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9th Nov
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
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
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
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
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
This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...
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Produced in partnership with Jake Coleman of Hailsham Chambers 12th Jan
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
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
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

Most recent Limitation content

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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21st Apr
Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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21st Apr
Practice notes
Brexit: This Practice Note refers to decisions of the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK...
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21st Apr
Practice notes
Brexit: The UK's departure from the EU has significant implications for practitioners considering applicable law and jurisdiction issues. For...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 20th Apr
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 [Specify...
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19th Apr
Practice notes
For general guidance on the computation of limitation periods, as well as more specific details on limitation under the Limitation Act 1980 (LA 1980)...
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13th Apr
Practice notes
This Practice Note should be read in conjunction with Practice Note: Limitation—amendments to statements of case, set-offs and counterclaims, which...
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13th Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
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12th Apr
Q&As
Protective proceedingsIn the event that a limitation period is due to end shortly, it is possible for a party to bring ‘protective’ proceedings in...
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9th Apr
Q&As
Laches is an equitable doctrine which, as a general rule, acts as an equitable bar to equitable claims (for example, in respect of claims for remedies...
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9th Apr
Precedents
This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...
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9th Apr
Precedents
This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...
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9th Apr
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
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8th Apr
Q&As
When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...
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8th Apr
Precedents
IntroductionThe application should be made using Form N244 (Form N244 (CC) if in the Commercial Court).Application notice (Form N244)Application...
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7th Apr
Precedents
Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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7th Apr
Q&As
Where a company disposes of any of its property at the time between the presentation of a winding-up petition against it and a winding-up order being...
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7th Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation periodsStatutory limitation periods seek to...
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30th Mar

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