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Practice notes
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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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
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...
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9th Nov
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
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
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
Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....
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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 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
Practice notes
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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9th Nov
Practice notes
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
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Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan

Most recent Q&As content

Q&As
This Q&A assumes that the property is in England.Whether permission is required to serve out of the jurisdiction will depend on the nature of the...
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19th Mar
Q&As
Jersey is part of the Channel Islands. The islands are a crown dependency.Form N510 can only be used where permission of the court is not required to...
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19th Mar
Q&As
JurisdictionIf the defendant is living in the UKWhether the English court would have jurisdiction of the dispute needs to be considered under the...
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19th Mar
Q&As
Service outside jurisdictionWhen serving a claim form on a defendant in the United States of America (USA), the permission of the court is generally...
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19th Mar
Q&As
Companies Act 2006 considerationsA dissolved corporate body ceases to have a legal identity. This clearly raises an issue if seeking to commence...
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18th Mar
Q&As
For comprehensive guidance on choosing an expert, see Practice Notes:•Choosing an expert•Expert evidence—general considerationsIn addition, see...
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17th Mar
Q&As
Requirement to preserve disclosable documentsUnder the Pre-Action Protocol for Personal Injury Claims , para 7.1.4, a defendant is under a duty to...
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17th Mar
Q&As
Pursuant to CPR 3.1(2)(i), the court has the power to order ‘a separate trial of any issue’ that arises during proceedings. Such a split trial will...
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15th Mar
Q&As
Payments into courtYou should pay money directly into the Court Funds Office if:•you’ve been ordered to make a payment to settle a court case•you...
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15th Mar
Q&As
Note: this Q&A considers the matter with reference to the decision in RXDX v Northampton Borough Council, which was decided with reference to the...
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15th Mar
Q&As
The impact of the Part 36 offer and the non-acceptance will depend on whether the old CPR 36 provisions apply or whether the new Part 36 provisions...
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15th Mar
Q&As
This Q and A is relevant to Part 36 offers made on/after 6 April 2015. This Q and A considers the position of an offeror who has made a Part 36 offer...
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15th Mar
Q&As
Filing a claim and issuing a claim are different processes.CPR 2.3 sets out how various terms in the CPR are to be interpreted. One such term which is...
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Produced in partnership with Alexander Campbell of Field Court Chambers 12th Mar
Q&As
Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from...
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Produced in partnership with Philip Roberts of Clarke Wilmott LLP 11th Mar
Q&As
Gibraltar is a territory of the UK. The position on enforcement (and also jurisdiction) requires consideration of the Civil Jurisdiction and Judgments...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Mar
Q&As
CPR 8 is subtitled the 'alternative procedure for claims'. There are two categories of claim whereby the Part 8 procedure is usually used. The first...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 10th Mar
Q&As
Pre-action behaviourIn general the parties will need to follow the pre-action principles as set out in our Practice Note: Pre-action behaviour in...
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9th Mar
Q&As
The new Pre-Action Protocol for Debt Claims (‘the Protocol’) came into force on 1 October 2017. Where the Protocol applies, the court will expect...
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9th Mar
Q&As
We have assumed that:•relevant documents disclosed include personal data as defined by the United Kingdom General Data Protection Regulation, Retained...
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8th Mar

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