Pre-action and limitation

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Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
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
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...
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9th Nov
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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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
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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9th Nov
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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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
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
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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9th Nov
Practice notes
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
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9th Nov
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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9th Nov

Most recent Pre-action and limitation content

Precedents
IntroductionThe application should be made using Form N244 (Form N244 (CC) if in the Commercial Court).Application notice (Form N244)Application...
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7th Apr
Precedents
Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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7th Apr
Q&As
Where a company disposes of any of its property at the time between the presentation of a winding-up petition against it and a winding-up order being...
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7th Apr
Precedents
IntroductionThe application in the Commercial Court is made using Form N244CC.Application notice—Commercial Court (Form N244(CC)) (PDF)Relevant...
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26th Mar
Precedents
IntroductionThe application should be made using:—Form N244 generally—Form N244(CC) if the application is being made in the Commercial Court—Form...
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26th Mar
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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26th Mar
Q&As
This Q&A considers subject access requests under the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and the Data Protection Act...
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24th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [MANAGING PARTNER][NAME OF DEFENDANT ACCOUNTANT][ADDRESS LINE 1][ADDRESS LINE...
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24th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [MANAGING PARTNER][NAME OF DEFENDANT ACCOUNTANT][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Steven O'Sullivan 24th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [MANAGING PARTNER][NAME OF DEFENDANT ACCOUNTANT][ADDRESS LINE 1][ADDRESS LINE...
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24th Mar
Precedents
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]FAO [CLIENT PARTNER OR SENIOR PARTNER][NAME OF DEFENDANT FIRM][ADDRESS LINE 1][ADDRESS LINE...
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24th Mar
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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23rd Mar
Practice notes
This Practice Note considers the different ways in which limitation periods may be postponed and/or extended pursuant to Part II of the Limitation Act...
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19th Mar
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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16th Mar
Practice notes
Note: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates between the pre- and post–6 April 2015...
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Produced in partnership with David Juckes of Hailsham Chambers 15th Mar
Q&As
Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 11th Mar
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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10th Mar
Practice notes
This Practice Note sets out the aims of the Pre-action Protocol for Housing Disrepair Cases (Wales) (the Protocol), in force from 13 January 2020,...
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10th Mar

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