Pre-action protocols

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Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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9th Nov
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 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 applicable law. For...
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9th Nov
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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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
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...
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Produced in partnership with Professor Richard A Buckley 12th Jan
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
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
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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
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 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
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
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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
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
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Produced in partnership with Professor Richard A Buckley 12th Jan

Most recent Pre-action protocols content

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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12th Feb
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 11th Feb
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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11th Feb
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 8th Jan
Q&As
The debt pre-action protocol (the protocol), which will come in to force on 1 October 2017, is broadly drafted in respect of who it applies to and...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 8th Jan
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 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

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