Pre-action and limitation

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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 and limitation content

Practice notes
The pre-action protocols and when they applyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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9th Sep
Practice notes
Part 36 offers—pre-action costs recoveryNote: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates...
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Produced in partnership with David Juckes of Hailsham Chambers 9th Sep
Practice notes
Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 9th Sep
Q&As
Where a claim form is received by the court on the last day of the limitation period (ie within time), but the court does not issue the claim until...
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9th Sep
Q&As
Can a notice to admit facts be served pre-action in correspondence?The aim of a notice to admit facts is to save time and importantly, costs, because...
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9th Sep
Q&As
Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim...
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9th Sep
Q&As
Can you raise a time-barred counterclaim?The effect of limitation periods on counterclaims is governed by section 35 of the Limitation Act 1980 (LA...
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Produced in partnership with Mr Tom Montagu-Smith, QC 9th Sep
Q&As
How can I enforce an order for pre-action disclosure and costs?Firstly, it would be prudent to look at the terms of the pre-action disclosure order to...
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9th Sep
Q&As
How do I substitute a deceased defendant with his executor in civil proceedings after the limitation period has expired? Do I require the court’s...
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9th Sep
Q&As
In civil disputes, where no proceedings have been issued, is there an equivalent of a consent order that can be filed with the court to set out an...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As
Where proceedings have been issued protectively, and the claim is issued but not served, can an application for pre-action disclosure still be made?...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As
Where one page of an expert report is disclosed pre-action, is privilege waived and the receiving party entitled to see the complete report?There is...
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9th Sep
Q&As
Is it possible to make an ex-parte disclosure application against a non-party?There may be instances when you know or suspect that a person or entity...
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9th Sep

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