Pre-action and limitation

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Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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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 covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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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
Precedents
[insert name and address of defendant or defendant'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 12th Jan
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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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
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
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
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
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...
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Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 12th Jan
Practice notes
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...
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9th Nov

Most recent Pre-action and limitation content

Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [HEAD OF BARRISTERS CHAMBERS][NAME OF CHAMBERS][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Leigh Callaway of Fladgate 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [[APPROPRIATE DIRECTOR OR SENIOR PARTNER]][NAME OF DEFENDANT BROKER][ADDRESS LINE 1][ADDRESS...
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9th Apr
Precedents
Witness statement of [insert name] of [insert company name]Filed on behalf of the Applicant/[Intended Claimant OR Intended Defendant]Number of witness...
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9th Apr
Practice notes
What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 9th Apr
Practice notes
The second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) provides for a procedure whereby the parties...
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8th Apr
Practice notes
This Practice Note considers the basis of the requirement to comply with the Pre-Action Protocol for Construction and Engineering Disputes (the...
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8th Apr
Practice notes
This Practice Note provides guidance on when the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) applies, as well as the...
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8th Apr
Practice notes
This Practice Note considers the requirements of the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the...
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8th Apr
Practice notes
This Practice Note considers the Pre-Action Protocol for Professional Negligence claims currently in force.Note: claims started on or after 1 October...
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Produced in partnership with Steven O'Sullivan 8th Apr
Practice notes
For general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various pre-action protocols, see Practice...
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8th Apr
Practice notes
This Practice Note identifies when it might be appropriate to make an application for pre-action disclosure under CPR 31.16. It also explains, by...
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8th Apr
Practice notes
ARCHIVED: This Practice Note is for historical reference. It considers pre-action behaviour in non-protocol cases under the Practice...
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8th Apr
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
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8th Apr
Practice notes
This Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the claim, see Practice...
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8th Apr
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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8th Apr
Practice notes
This Practice Note considers the Pre-Action Protocol for Professional Negligence claims currently in force.Note: claims started on or after 1 October...
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Produced in partnership with Steven O'Sullivan 8th Apr
Practice notes
This Practice Note sets out the scope and aims of the Pre-Action Protocol for Possession Claims by Social Landlords (the Protocol) in force from 13...
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8th Apr
Practice notes
This Practice Note sets out the aims of the Pre-action Protocol for Housing Condition Cases (England) (the Protocol), in force from 13 January 2020,...
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8th Apr
Q&As
When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...
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8th Apr

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