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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
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
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Produced in partnership with Camilla McPherson 12th Jan
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This 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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...
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Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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9th Nov
Precedents
[insert name and address of defendant or defendant'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 12th Jan
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
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
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
This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...
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Produced in partnership with Kate Temple-Mabe of 7BR 12th Jan
Practice notes
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Precedents
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD...
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9th Nov
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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9th Nov

Most recent Q&As content

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
Q&As
Bulgaria joined the EU on 1 January 2007. For further information on this, see: EU member countries in brief.Article 26 of Regulation (EC) 1393/2007,...
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9th Apr
Q&As
Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...
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9th Apr
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 9th Apr
Q&As
Service of the claim form at the defendant’s last known addressThe provisions dealing with service of claim forms are set out in Part 6.As to whether...
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9th Apr
Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr
Q&As
This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...
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9th Apr
Q&As
In the absence of any further information, it appears in this situation that A would be deemed a bona fide purchaser for value, see Practice Note:...
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9th Apr
Q&As
A particular lien at common law is the right to retain goods for which charges have been incurred until those charges have been paid. If the owner of...
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9th Apr

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