Pre-action: general

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’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 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Pre-action: general content

Q&As
How much time should a company give an individual to respond to its letter of claim before it can issue proceedings? Is this time extended as a result...
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18th Aug
Precedents
Letter of claim—negligent misstatement by bank[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug
Precedents
Letter of claim—nuisance (flood)[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF...
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Produced in partnership with Steven O'Sullivan 18th Aug
Precedents
Letter of claim—claim for money had and received[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug
Precedents
Letter of claim—nuisance (chemical contamination)[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR...
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Produced in partnership with Steven O'Sullivan 18th Aug
Precedents
Letter of claim—rescission and damages for fraudulent misrepresentation[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug
Precedents
Letter of claim—nuisance (tree root)[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Aug
Precedents
Letter of claim—nuisance (fumes)[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Aug
Q&As
Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to...
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18th Aug
Precedents
Letter of claim—negligent misrepresentation[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [insert name of addressee][ADDRESS LINE 1][ADDRESS...
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Produced in partnership with Leigh Callaway of Fladgate 18th Aug
Precedents
Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)[ON THE HEADED NOTEPAPER OF CLAIMANT’S...
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Produced in partnership with Thomas Evans of Henderson Chambers 18th Aug
Precedents
Letter of claim—damages for continuing representation becoming false by alteration of circumstances[ON THE HEADED NOTEPAPER OF CLAIMANT’S...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug
Precedents
Letter of claim—total failure of consideration[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 18th Aug
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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10th Aug
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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1st Aug
Q&As
Are there any reported cases concerning the Pre-Action Protocol for Debt Claims which concern the issue of a claim following non-compliance with this...
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1st Aug
Q&As
Do you have any letter of claim Precedents for a dispute relating to breach of consumer rights as to product quality?We do not have any letters of...
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1st Aug
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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1st Aug
Q&As
When seeking an order for sale, having obtained a final charging order, does one have to comply with pre-action protocol prior to issuing a Part 8...
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1st Aug
Q&As
Do you have any guidance, including precedents, on letters before action, especially in the context of breach of contracts and negligence...
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31st Jul

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