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Practice notes
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...
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Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
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
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): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
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9th Nov
Precedents
[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
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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
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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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 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
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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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
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...
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9th Nov

Most recent Q&As content

Q&As
This Q&A assumes that:•the question relates to the use of a signature in the context of commercial negotiations•the question does not relate to...
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12th Apr
Q&As
Protective proceedingsIn the event that a limitation period is due to end shortly, it is possible for a party to bring ‘protective’ proceedings in...
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9th Apr
Q&As
B may be able to claim against A under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977).T(IG)A 1977, s 1 defines ‘wrongful interference with...
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9th Apr
Q&As
We have assumed that this Q&A is directed at what steps are required to enforce a civil judgment of a court of an EU Member State in England and...
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9th Apr
Q&As
Where a person has suffered damage abroad through a tortious act and wishes to bring proceedings to recover compensation for that damage in the courts...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr
Q&As
This Q&A is only applicable where service took place under the Service Regulation, was commenced before 31 December 2020 at 11 pm and the transitional...
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9th Apr
Q&As
Laches is an equitable doctrine which, as a general rule, acts as an equitable bar to equitable claims (for example, in respect of claims for remedies...
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9th Apr
Q&As
European Enforcement OrdersThe European Enforcement Order (EEO) is a certificate that accompanies a judgment or settlement and is recognised, and can...
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Produced in partnership with James Tunley of Lamb Chambers 9th Apr
Q&As
Enforcement where defendant is deceasedJudgment creditors can, if they wish (and can afford it) execute their judgment by using one or several...
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9th Apr
Q&As
The term ‘beneficiary’ in relation to jurisdiction is referred to in Regulation (EU) 1215/2012, Brussels I (recast) in:•Articles 7(6) and 25(3) of...
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9th Apr
Q&As
As a general rule, documents must be served within the jurisdiction (CPR 6.6(1), CPR 2.3). However, there are exceptions to this rule that permit...
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9th Apr
Q&As
The tort of conversionThe tort of conversion is concerned with cases where one person (D) has misappropriated goods belonging to another (C).It...
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9th Apr
Q&As
Requirement for a translationRecital 12 and Article 8 of Regulation (EC) 1393/2007, the Service Regulation provide that an addressee may refuse to...
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9th Apr

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