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
If a party is silent in response to points made in a letter of claim will those points be deemed to be accepted?The obligations of parties pre-action...
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31st Jul
Q&As
Do any pre-action requirements (for example, the obligations set out in the Practice Direction—Pre-Action Conduct and Protocols) need to be followed...
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31st 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 31st 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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31st Jul
Practice notes
Pre-action behaviour in non-protocol cases (pre-6 April 2015) [Archived]ARCHIVED: This Practice Note is for historical reference. It considers...
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30th 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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30th 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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30th Jul
Precedents
Letter to enquiry agent[insert name and address of enquiry agent][insert date]By email and by postDear [insert name of enquiry agent][insert case...
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30th Jul

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