Pre-action and limitation

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Practice notes
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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9th Nov
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes
This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...
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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
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
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 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
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
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...
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Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
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
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...
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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
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov

Most recent Pre-action and limitation content

Q&As
There may be instances when you know or suspect that a person or entity that is not a party to proceedings (a 'non-party' or 'third party') has...
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28th Nov
Q&As
The limitation period for recovery of solicitors’ fees is governed by the Limitation Act 1980 (LA 1980). In particular, LA 1980, s 5 applies when no...
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28th Nov
Q&As
In general, a party can bring a claim against anyone or indeed elect not to progress a particular claim (in contract, or otherwise). The merits of...
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27th Nov
Q&As
In the event that a defendant considers that another party potentially caused and/or contributed to the loss which the claimant is seeking to recover...
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27th Nov

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