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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 practitioners when determining whether a claim form...
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21st Oct
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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20th Oct
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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19th Oct
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 1st Oct
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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30th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...
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28th Sep
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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26th Sep
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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26th Sep
Practice notes
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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26th Sep
Practice notes
This Practice Note is a useful guide when considering whether you can amend a claim form, amend a defence or amend a different form of...
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25th Sep
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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25th Sep
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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25th Sep
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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25th Sep
Practice notes
This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...
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25th Sep
Practice notes
What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party...
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25th Sep
Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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25th Sep

Most recent Q&As content

Q&As
An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out...
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28th Sep
Q&As
Authority of administratorWe refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of...
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28th Sep
Q&As
Where, due to a miscalculation, a beneficiary has been overpaid and the executors need money in order to pay liabilities of the estate, the executors...
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Produced in partnership with Helen Galley of XXIV Old Buildings 28th Sep
Q&As
The concept of ‘knowing receipt’ is an aspect of trust law, and in particular provides for a remedy against those who receive trust property which has...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 28th Sep
Q&As
If the claimant has reason to believe that the defendant is no longer at the address they have for the defendant, reasonable steps must be taken to...
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28th Sep
Q&As
Where a court serves a claim form by mistake, eg if the claimant has specifically stated that they intend to serve the claim form themselves, service...
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28th Sep
Q&As
The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 28th Sep
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 28th Sep
Q&As
Any document to be served must be sent or transmitted to or left at the party's address for service under CPR 6.23(2) or CPR 6.23(3) unless it is to...
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28th Sep
Q&As
This Q&A considers the service of a claim form in the jurisdiction on a defendant who has not provided an address for service.Is the dispute one under...
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28th Sep
Q&As
In answering this Q&A, we have assumed that the question is asked on behalf of the claimant.Before issueIn general, the obligation is on the claimant...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 28th Sep
Q&As
The Court has very limited powers in terms of the orders it can make prior to the commencement of proceedings and these are set out in section 33 of...
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28th Sep
Q&As
At the time of publishing, the Master of the Rolls has issued three updates (numbers 116–118) which modify provisions of the CPR to reflect the impact...
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Produced in partnership with Sarah Clarke of Hardwicke Chambers 28th Sep
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that...
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Produced in partnership with Lauren Godfrey of Hardwicke Chambers 28th Sep
Q&As
Solicitors for the claimants can encounter all manner of difficulties in seeking to serve the claim form, especially within the time frame required...
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28th Sep
Q&As
It is possible to make an application to the court for permission to extend the time for service of the claim form. However, when such an application...
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28th Sep
Q&As
Address not providedCPR 6.9 applies where the defendant does not give an address at which they can be served and personal service (CPR 6.5) is not...
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28th Sep
Q&As
When seeking to serve a document in proceedings, Part 6 of the Civil Procedure Rules (CPR) sets out the methods of service and the places at which the...
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28th Sep

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