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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
What is the effect of a corporate signature, particularly by a solicitor’s firm, eg where a letter is signed as ‘Firm A’ as opposed to being signed...
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13th Sep
Q&As
What factors impact the choice of English law as the governing law for a new agreement which will directly impact upon the operation of existing...
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13th Sep
Q&As
Can a contract that has expired be extended where the expired contract contained a provision for extension?Interpretation of contractsWhether the...
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13th Sep
Q&As
Where a party (A) has sold equipment which was on hire to it through an auction, can the owner of the equipment (B) make a claim against the...
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Produced in partnership with Christopher Snell of New Square Chambers 13th Sep
Q&As
Is an innocent party obliged to offer a party in breach an opportunity to remedy their breach where there is no written contract?A contract may be...
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13th Sep
Q&As
What happens where a company director gives an undertaking which they know to be untrue, ie where they give an undertaking not to take action X when,...
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13th Sep
Q&As
Is a buyer subject to a duty to mitigate loss where a seller gives warranties on an indemnity basis in a share purchase agreement?An indemnity is a...
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13th Sep
Q&As
Will the English courts enforce a reservation of title (ROT) clause in a contract governed by German law but where the relevant assets are in...
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13th Sep
Q&As
Can wasted time be claimed as damages?When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff...
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13th Sep
Q&As
How, in summary, does the loss of a chance approach work?This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of...
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13th Sep
Q&As
Can a claimant's delay in bringing a claim, or their acquiescence/consent, be used as a defence to a breach of statutory duty claim despite the claim...
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13th Sep
Q&As
What, if any, is the difference in terms of recovery of damages for a contractual right to terminate for breach and damages for repudiatory breach?We...
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13th Sep
Q&As
When can you recover loss of profits for reputational harm? If you can recover loss of profits for reputational harm, how does the court calculate...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 13th Sep
Q&As
Are liquidated damages enforceable for breach of a non-solicitation clause?The enforceability of liquidated damages clausesA liquidated damages clause...
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13th Sep

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