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

Q&As
A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an...
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Produced in partnership with David Willink of Lamb Chambers 9th Sep
Q&As
Is it possible to make a single application under CPR 31.17 for pre-action disclosure against two parties?Such an application is made pursuant to CPR...
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Produced in partnership with Carl Fain of Tanfield Chambers 9th Sep
Precedents
Order for pre-action disclosureClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
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9th Sep
Precedents
Letter of instruction to single joint expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert...
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9th Sep
Precedents
Witness statement in support of application for pre-action disclosureWitness statement of [insert name] of [insert company name]Filed on behalf of the...
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9th Sep
Precedents
Letter to client about expertsPrivate & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case...
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9th Sep
Precedents
Witness statement in support of application to substitute a defendant after the expiry of the limitation periodFiled on behalf of the ClaimantWitness...
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9th Sep
Precedents
Letter of instruction to own expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert name of...
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9th Sep
Precedents
Drafting note for application notice for pre-action disclosureIntroductionThe application should be made using:—Form N244 generally—Form N244(CC) if...
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9th Sep
Precedents
Drafting note for application notice for pre-action disclosure—Commercial CourtIntroductionThe application in the Commercial Court is made using Form...
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9th Sep
Q&As
If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
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9th Sep
Practice notes
Pre-Action Protocol on Media and Communications ClaimsThis Practice Note provides guidance upon the application of the Pre-Action Protocol on Media...
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Produced in partnership with David Hirst of 5RB 8th Sep
Practice notes
Starting a UK GDPR compensation claim—a practical guideThis Practice Note provides guidance on pursuing a UK GDPR claim pursuant to the UK data regime...
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8th Sep
Precedents
Defendant’s response to a letter of claim[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference...
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8th Sep
Precedents
Letter of claim—contractual debt claim[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of the debtor’s solicitors][Address line...
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8th Sep
Precedents
Letter of claim—damages for breach of contract—acceptance of contract repudiation[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT...
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8th Sep
Precedents
Letter of claim—breach of implied term or express warranty[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR...
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8th Sep
Precedents
Letter of claim—contractual claim against car manufacturer for defective car[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME...
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Produced in partnership with Thomas Evans of Henderson Chambers 8th Sep

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