Pre-action: general

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Practice notes
This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...
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9th Nov
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 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
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
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
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 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 9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...
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Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 9th Nov
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...
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Produced in partnership with Mark Hubbard of New Square Chambers 9th Nov
Practice notes
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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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
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
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...
Read More >
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...
Read More >
9th Nov

Most recent Pre-action: general content

Q&As
Recovering rent arrearsBefore taking any action to recover rent arrears, landlords must consider:•whether they are able to, and if so whether to...
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4th Dec
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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4th Dec
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 the...
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3rd Dec
Practice notes
Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...
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3rd Dec
Practice notes
Pre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to resolve (as opposed to an abstract question of...
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3rd Dec
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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3rd Dec
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering data protection and...
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Produced in partnership with Charlie Morgan (Senior Associate, Digital Law Lead (UK)) of Herbert Smith Freehills 3rd Dec
Practice notes
This Practice Note identifies when it might be appropriate to make an application for pre-action disclosure under CPR 31.16. It also explains, by...
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3rd Dec
Practice notes
ARCHIVED: This Practice Note is for historical reference. It considers pre-action behaviour in non-protocol cases under the Practice...
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3rd Dec
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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3rd Dec
Practice notes
This Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the claim, see Practice...
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3rd Dec
Practice notes
Note: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates between the pre- and post–6 April 2015...
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Produced in partnership with David Juckes of Hailsham Chambers 3rd Dec
Q&As
It is important to follow the protocol that relates most closely to the subject matter of the dispute you are dealing with. For details of all the...
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3rd Dec
Q&As
When does the Pre-Action Protocol for Debt Claims applyAs of 1 October 2017, the Pre-Action Protocol for Debt Claims (the Protocol) applies to claims...
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3rd Dec
Q&As
We have not been able to find any case law on the specific point raised in your query. However, we refer you to the following information which you...
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3rd Dec
Precedents
[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of the debtor’s solicitors][Address line 1][Address line 2][Postcode][Date]Dear...
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2nd Dec
Practice notes
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...
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1st Dec
Q&As
The obligations of parties pre-action are set out in the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) and the...
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28th Nov
Q&As
We do not have any letters of claim Precedents based on such a consumer rights scenario, however, the following Precedent particulars of claim (from...
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28th Nov

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