Pre-action protocols

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Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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9th Nov
Practice notes
Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...
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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 12th Jan
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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9th Nov
Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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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
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 12th Jan
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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9th Nov
Practice notes
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...
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9th Nov
Precedents
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD...
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9th Nov
Practice notes
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...
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9th Nov
Practice notes
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 12th Jan

Most recent Pre-action protocols content

Q&As
The new Pre-Action Protocol for Debt Claims (‘the Protocol’) came into force on 1 October 2017. Where the Protocol applies, the court will expect...
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9th Mar
Practice notes
When considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 5th Mar
Practice notes
Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...
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4th Mar
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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4th Mar
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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4th Mar
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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4th Mar
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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4th Mar
Practice notes
ARCHIVED: This Practice Note is for historical reference. It considers non-compliance with a pre-action protocol and/or the Practice Direction...
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4th Mar
Practice notes
For detailed guidance on the pre-action protocols that might apply in respect of any personal injury and clinical negligence claims, see the following...
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3rd Mar
Practice notes
Defamation Act 2013Before the implementation of the Defamation Act 2013 (DA 2013), defamation actions acquired a reputation for technicality and...
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Produced in partnership with 5RB 3rd Mar
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with David Hirst of 5RB 3rd Mar
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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2nd Mar
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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1st Mar
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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24th Feb
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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16th Feb
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 16th Feb
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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16th Feb
Q&As
As set out in paragraph 1 of the Practice Direction Pre-Action Conduct and Protocols, the purpose of the Protocols regime under the Civil Procedure...
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Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb

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