Pre-action protocols

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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): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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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 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
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
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
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 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 position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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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...
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9th Nov
Practice notes
There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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Produced in partnership with Alice Nash of Hailsham Chambers 9th Nov
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Pre-action protocols content

Q&As
There is no definition of ‘business’ in the new Pre-action Protocol for Debt Claims. However, you may find it useful to consider the definition of...
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28th Nov
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
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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28th Nov
Q&As
Pre-action protocolsWe refer you to the following Practice Notes which consider the extent to which certain claims are subject to specific pre-action...
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28th Nov
Q&As
Disclosure under the pre-action protocolIn addition to paragraph 8.4 of the Pre-action Protocol for Professional Negligence (the Protocol), paragraph...
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Produced in partnership with James Tunley of Lamb Chambers 28th Nov
Q&As
The introduction to the Pre-action Protocol for Debt Claims specifies that it applies to any business (including sole traders and public bodies)...
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Produced in partnership with Karen Hellier of Clarke Willmott 28th Nov
Q&As
The Pre-Action Protocol for Debt Claims is in itself silent on the effect of Bank Holidays to the time limits imposed for the debtor’s response. The...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 28th Nov
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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28th Nov
Q&As
The Pre-Action Protocol for Debt Claims (the Debt Protocol) came into force on 1 October 2017.The Debt Protocol is not a general protocol which...
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Produced in partnership with Julia Dias QC of 7KBW 28th Nov
Q&As
The Pre-Action Protocol for Debt Claims (in force since 1 October 2017) applies where a business (including a sole trader or public body) is claiming...
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28th Nov
Q&As
We are not aware of any specific explanation that was provided by the CPR Committee as to the types of parties caught within the debt pre-action...
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28th Nov
Q&As
The following may to be of assistance:•the Pre-Action Protocols and, in the event that none of the specific Pre-Action Protocols apply, the Practice...
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28th Nov
Q&As
Case studyTwo individuals have jointly instructed a solicitor to act in the purchase of a property. The parties are now separately represented and one...
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28th Nov
Q&As
The aim of a notice to admit facts is to save time and importantly, costs, because a party will not need to go through the expense of proving...
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28th Nov
Q&As
The Pre-Action Protocols (Protocols) and, in the event that none of the specific Pre-Action Protocols apply, the Practice Direction—Pre-Action Conduct...
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28th Nov

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