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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 Q&As content

Q&As
Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does...
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14th Sep
Q&As
What is the position on levying photocopying charges following a request for inspection from the other side under the disclosure pilot?CPR PD 51U...
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14th Sep
Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Sep
Q&As
Is a non-party to litigation under a duty to preserve documents when they have been asked to preserve documents by a party to litigation? What if the...
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14th Sep
Q&As
What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?Sanctions under English lawDisclosure under...
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14th Sep
Q&As
A is in administration and owes a sum to B. B owes a sum to A. What steps can B take?In this Q&A, we have assumed that B’s claim is smaller than...
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13th Sep
Q&As
What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods?...
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13th Sep
Q&As
Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the...
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13th Sep
Q&As
Does the measure of damages in breach of contract include recovering loss to replace damaged items when repair to the damaged items renders the...
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13th Sep
Q&As
Is it possible to draft a jurisdiction clause which is neither exclusive or non-exclusive but offers a middle ground?This Q&A relates to drafting...
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13th Sep
Q&As
Do you have examples of cases and Commentary where a limitation of liability for negligence in a business-to-business sale of goods agreement was...
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13th Sep
Q&As
I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
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Produced in partnership with XXIV Old Buildings 13th Sep
Q&As
Should internal staffing costs be deemed indirect or direct losses?'Direct loss' and 'indirect loss''Indirect loss' is most frequently considered in...
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13th Sep

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