Pre-action: general

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Practice notes
Fixed costs—what are they?This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs...
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19th May
Practice notes
Negligence—when does a duty of care arise?This Practice Note considers one of the first questions to ask when faced with a prospective claim in...
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Produced in partnership with Professor Richard A Buckley 19th May
Practice notes
Default judgment—general principles for setting asideWhere the claimant has already obtained a default judgment, the defendant may still wish to...
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19th May
Practice notes
Enforcing foreign judgments—Part II of the Administration of Justice Act 1920 (the 1920 Act)This Practice Note sets out the application of the...
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Produced in partnership with Laurence Emmett 19th May
Practice notes
Service outside the jurisdiction—Form N510This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the...
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Produced in partnership with K&L Gates 19th May
Practice notes
Interest on judgment debtsThis Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when...
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19th May
Practice notes
Multiple tortfeasors—liability issues and contribution claimsThis Practice Note considers tortious liability issues where more than one party is...
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Produced in partnership with Kate Temple-Mabe of 7BR 19th May
Practice notes
Adding (joinder) and substituting partiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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19th May
Practice notes
Agreements to extend time—buffer agreementsThis Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an...
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19th May
Practice notes
Serving the defenceThis Practice Note sets out the rules that apply when seeking to serve the defence in proceedings. The rules are set out in Section...
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19th May
Q&As
When determining the deemed date of service under CPR 6.26, does the clear day rule in CPR 2.8 need to be applied?This Q&A refers to service of a...
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19th May
Practice notes
Jurisdiction agreements—example clausesThis Practice Note provides examples of the various different types of jurisdiction agreements (also called...
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19th May
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see: Forum non...
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19th May
Practice notes
Guideline hourly ratesThis Practice Note considers the Guideline Hourly Rates (GHRs). These are hourly rates which it is considered for a solicitor to...
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19th May

Most recent Pre-action: general content

Q&As
If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?In general, a party can bring a claim...
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23rd Jul
Q&As
Which pre-action protocol applies to a claim where an individual (not acting as a business) is seeking monies from another individual (not acting as a...
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23rd Jul
Q&As
Where a borrower has defaulted on a loan and we intend to send a letter before action prior to issuing proceedings in circumstances where the claimant...
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23rd Jul
Practice notes
How do I assign a claim or cause of action?This Practice Note considers how you may assign a claim or cause of action in law or in equity, including...
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22nd Jul
Practice notes
Admissions—pre-actionThis Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the...
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22nd Jul
Practice notes
Resolving a dispute—initial considerationsPre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to...
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22nd Jul
Practice notes
Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction...
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22nd Jul
Q&As
Do you have any information and recent cases regarding the requirements for a letter of claim to be served on a company based in Italy?The following...
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22nd Jul
Practice notes
In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted...
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14th Jul
Q&As
Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Jul
Practice notes
Pre-action protocols and additional claimsFor general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various...
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14th Jul
Practice notes
Responding to a letter of claim—a practical guideThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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13th Jul
Practice notes
Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 13th Jul
Practice notes
Use of confidential information in civil proceedingsThis Practice Note looks at the status and use of confidential information in civil proceedings...
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2nd Jul
Practice notes
Pre-action disclosure—requirements and the courts' approachThis Practice Note identifies when it might be appropriate to make an application for...
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21st Jun
Precedents
Letter of instruction to single joint expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert...
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10th Jun
Q&As
In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol...
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6th Jun
Q&As
Is it possible to make a single application under CPR 31.17 for pre-action disclosure against two parties?Such an application is made pursuant to CPR...
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Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun

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