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
Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims[On the headed notepaper of the creditor’s...
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18th Aug
Q&As
What is the limitation period for a B2B debt claim? Will the limitation period be paused or stopped on issuance of a notice of default or must...
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Produced in partnership with Phil Roberts of Clarke Willmott 18th Aug
Precedents
Agreement to suspend limitation—standstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name...
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18th Aug
Q&As
How much time should a company give an individual to respond to its letter of claim before it can issue proceedings? Is this time extended as a result...
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18th Aug
Q&As
As a general rule, and unless there is a contrary indication, are parties able to extend by agreement any statutory limitation period (ie by entering...
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18th Aug
Precedents
Letter of claim—negligent misstatement by bank[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug
Precedents
Letter of claim—nuisance (flood)[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF...
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Produced in partnership with Steven O'Sullivan 18th Aug
Precedents
Letter of claim in respect of proposed proceedings against a barrister for negligence[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [HEAD OF...
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Produced in partnership with Leigh Callaway of Fladgate 18th Aug
Precedents
Letter of claim—claim for money had and received[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug
Q&As
Is there a limitation period for the enforcement of a judgment and if so, what is it?Under section 24(1) of the Limitation Act 1980 (LA 1980), an...
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18th Aug
Precedents
Letter of claim—negligent misstatement by accountant[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR...
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Produced in partnership with Steven O'Sullivan 18th Aug
Q&As
What is the limitation period where a beneficial interest is being claimed and/or an interest enshrined in a trust is being enforced/realised?The...
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18th Aug
Precedents
Agreement to extend limitation—standstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and...
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18th Aug
Precedents
Letter of claim—nuisance (chemical contamination)[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR...
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Produced in partnership with Steven O'Sullivan 18th Aug
Q&As
Does the limitation period for contract claims run from the date the breach occurs or the date the claimant becomes aware of the breach?Generally, the...
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18th Aug
Precedents
Letter of claim—against a surveyor for breach of contract and, or alternatively, negligence in producing a valuation[ON THE HEADED NOTEPAPER OF...
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Produced in partnership with Steven O'Sullivan 18th Aug
Precedents
Letter of claim against accountants for negligently devised tax avoidance scheme[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [MANAGING...
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Produced in partnership with Steven O'Sullivan 18th Aug
Precedents
Letter of claim—against a solicitor for breach of contract and, or in the alternative, negligence[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S...
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18th Aug
Q&As
Is permission of the court required to enforce a judgment over six years old and, if so, what rules or protocols apply to such application?Section 24...
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18th Aug

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