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

Precedents
Defendant’s acknowledgment of a letter of claim[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any...
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8th Sep
Precedents
Letter of claim—breach of contract[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR...
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8th Sep
Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 8th Sep
Practice notes
Limitation—professional negligence claimsThis Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains...
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2nd Sep
Practice notes
Limitation—latent damageBackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued...
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2nd Sep
Practice notes
In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted...
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2nd Sep
Practice notes
Starting a debt claim—a practical guideThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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24th Aug
Practice notes
Limitation—amending a party name and substituting or adding (joinder) of partiesThis Practice Note should be read in conjunction with Practice Note:...
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19th Aug
Practice notes
Limitation—extensions of time under the Limitation Act 1980This Practice Note considers the different ways in which limitation periods may be...
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19th Aug
Practice notes
Standstill agreements to suspend or extend limitationAs observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common...
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19th Aug
Practice notes
Pre-action—costs recoveryPre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for...
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19th Aug
Practice notes
Foreign Limitation Periods Act 1984The general principleThe fundamental rule underpinning the Foreign Limitation Periods Act 1984 (FLPA 1984) is that...
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19th Aug
Practice notes
How do I assign a claim or cause of action?This Practice Note considers how you may assign a claim or cause of action in law or in equity, including...
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19th Aug
Practice notes
Limitation—constructive trust claimsWhat is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by...
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18th Aug
Practice notes
Professional negligence claims—the pre-action protocolThis Practice Note sets out the position according to the Pre-Action Protocol for Professional...
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Produced in partnership with Steven O'Sullivan 18th Aug
Practice notes
Limitation—fraud, deliberate concealment and mistakeBrexit: This Practice Note refers to decisions of the Court of Justice. For guidance on whether...
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18th Aug
Q&As
What can I do if I want to issue a claim but have missed the limitation period for bringing the claim?Checking the limitation periodFirstly you need...
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18th Aug
Q&As
If a defendant considers that a claim has been brought after the expiry of a limitation period, what (if any) impact does this have on a defendant’s...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 18th Aug
Q&As
Does limitation run from the date of the incident/insured event, or does it run from the date on which insurers decline cover for the claim?Under...
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18th Aug
Q&As
What is the limitation period within which a company can bring a claim against a director for a breach of their common law (ie non-statutory)...
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18th Aug

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