Summary judgment and strike out

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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 Summary judgment and strike out content

Practice notes
Summary judgment applications—what, who and whenCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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19th Aug
Practice notes
Strike out—court’s inherent jurisdiction and discretionCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
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18th Aug
Practice notes
Summary judgment—no other compelling reason for a trialCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
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18th Aug
Practice notes
Summary judgment and strike out—illustrative decisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may...
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18th Aug
Q&As
In a court application can a defendant company claim their costs if not legally represented?The issue in this question is whether the defendant, as a...
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18th Aug
Q&As
What is the time limit for commencing detailed assessment proceedings? Will the court extend time? Can you apply to strike out detailed assessment...
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18th Aug
Precedents
Draft order for summary judgmentClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
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18th Aug
Precedents
Order for strike out for failure to complyClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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18th Aug
Precedents
Witness statement opposing an application to strike outFiled on behalf of the [claimant OR defendant]Witness statement of [insert initial and surname...
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18th Aug
Precedents
Order for strike out on the basis of no reasonable groundsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS...
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18th Aug
Precedents
Order for strike out on the basis of abuse of processClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF...
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18th Aug
Precedents
Witness statement opposing application for summary judgmentFiled on behalf of the [claimant OR defendant]Witness statement of [insert initial and...
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18th Aug
Practice notes
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))Coronavirus (COVID-19): The guidance detailing normal...
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13th Aug
Practice notes
Strike out for abuse of process (civil) (CPR 3.4(2)(b))Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note...
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10th Aug
Q&As
What notice period needs to be given for a formal strike-out application?The court’s power to strike out a statement of care are found in CPR 3.4. The...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug
Q&As
What is the process for seeking costs against a claimant who has had a claim struck out for non-payment of trial fees?The basis of the ability to...
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1st Aug
Q&As
How do you seek to set aside a summary judgment in the (a) County Court and (b) High Court?For information on applying to set aside a summary judgment...
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1st Aug
Q&As
If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by...
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Produced in partnership with Ali Tabari of St Philips Chambers 1st Aug
Q&As
What form would you use to apply for judgment when the defendant's defence has been struck out as a result of their failure to file a directions...
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1st Aug

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