Limitation

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Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov
Practice notes
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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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 the use of ADR as it may...
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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
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
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
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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9th Nov
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 12th Jan
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
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
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K & L Gates 12th Jan
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
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
A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
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Produced in partnership with Mark Hubbard of New Square Chambers 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 the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

Most recent Limitation content

Q&As
Case studyA charge is granted over a tenanted property by agreement between the parties during proceedings brought by the chargor for debt recovery...
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Produced in partnership with David Sawtell of 39 Essex Chambers 11th Feb
Q&As
The issuing of proceedings is governed by CPR 7. Proceedings are started when the court issues a claim form at the request of the claimant, and the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Feb
Q&As
The general rule is that, a beneficiary may not bring a claim to recover trust property or in respect of any breach of trust , after the expiration of...
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11th Feb
Q&As
There is some case law which considers this question. In accordance with the case of Peter v Anderson, where a debtor is indebted to another on a...
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11th Feb
Q&As
In answering this Q&A we have limited our research to cover when a cause of action in a contract claim accrues for limitation purposes. In conducting...
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11th Feb
Q&As
The court would ordinarily imply reasonable terms for repayment and if a reasonable period has passed and no payment made then the lender can sue. The...
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Produced in partnership with Kevin Leigh of No 5 Chambers 11th Feb
Q&As
Where a person assumes responsibility to perform professional services for someone who relies on those services, a duty in tort to exercise reasonable...
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11th Feb
Q&As
Section 90 of the Financial Services and Markets Act 2000 (FSMA 2000) outlines the requirements for compensation for statements in listing particulars...
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11th Feb
Q&As
The Practice Note: Limitation—tort claims addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks...
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11th Feb
Q&As
Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from...
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11th Feb
Q&As
Non-contractual claims for breach of confidenceIn the UK, there is currently no statutory confidentiality protection for trade secrets or confidential...
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11th Feb
Q&As
How is the professional negligence claim being pleaded against the solicitors?Identifying the possible limitation periods that might apply depends on...
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4th Feb
Q&As
The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can...
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Produced in partnership with David Willink of Lamb Chambers 18th Jan
Q&As
Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)Under CPR 19.4(1), the court's permission is required to remove,...
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18th Jan
Q&As
As set out in the Q&A: ‘Can a creditor take out administration'>letters of administration if the family of the deceased are refusing to do so?’, a...
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14th Jan
Q&As
An attorney’s ability to make payments to themselves under a simple power of attorney (for example, in relation to a bank account) will be governed by...
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Produced in partnership with Thomas Watts of Charles Russell Speechlys LLP 8th Jan
Q&As
The concept of ‘knowing receipt’ is an aspect of trust law, and in particular provides for a remedy against those who receive trust property which has...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan

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