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Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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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
As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
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
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
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
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
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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...
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9th Nov
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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9th Nov
Practice notes
What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Service applications content

Q&As
The starting point is set out in CPR 7.6: ‘…(1) The claimant may apply for an order extending the period for compliance with rule 7.5.(2) The general...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Precedents
Filed on behalf of the claimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
In answering this Q&A, we have assumed that the question is asked on behalf of the claimant.Before issueIn general, the obligation is on the claimant...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan
Practice notes
This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...
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Produced in partnership with K&L Gates 8th Jan
Precedents
[Insert name and/or position of individual at the relevant court][Insert court address][Insert date]Dear Sirs[Insert name of claimant] v [insert name...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] OR...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Coronavirus (COVID-19) considerationsAn application for an extension of time to serve the claim form can be dealt with on the papers without the need...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Jan
Practice notes
Coronavirus (Covid-19): If making an application for an extension of time, this may be affected by the impact of coronavirus on the availability of...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Filed on behalf of the claimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that...
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Produced in partnership with Lauren Godfrey of Hardwicke Chambers 8th Jan
Q&As
CPR 6 contains separate provisions in respect of service of the claim form and service of other documents.Personal service of a claim formCPR...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Precedents
[Date][Insert claimant’s solicitors‘ name, reference and address]Dear Sirs[Insert name of claimant] v [insert name of defendant]—Claim No: [insert...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Practice notes
This Practice Note discusses a key consideration of relevance when dealing with forum non conveniens, namely the factors connecting the proceedings to...
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7th Dec
Practice notes
This Practice Note discusses a key consideration that applies in the context of forum non conveniens, namely the requirements of justice.For guidance...
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7th Dec
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see: Forum non...
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7th Dec
Practice notes
This Practice Note considers the claimant’s duty to give full and frank disclosure of all material facts when making a without notice application for...
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7th Dec
Practice notes
This Practice Note lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions...
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7th Dec
Practice notes
This Tracker lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions dealing...
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7th Dec

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