9 Stone Buildings

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Cecilia Xu Lindsey
9 Stone Buildings
Graham Callard
Barrister
9 Stone Buildings
Lynne Counsell
Barrister
9 Stone Buildings
Nora Wannagat
Barrister
9 Stone Buildings
Paul Wright
Barrister
9 Stone Buildings
Contributions by 9 Stone Buildings Experts

135

Summary judgment and strike out in insolvency proceedings
Summary judgment and strike out in insolvency proceedings
Practice notes

This Practice Note looks at summary judgment under Part 24 of the Civil Procedure Rules (CPR), which is the way in which a litigation claim is determined by the court without a trial. It also looks at strike out under CPR 3.3–3.4, which can result in a litigation party’s statement of case being deleted—either in full or in part—which can have the effect of bringing the substantive proceedings to an end. This Practice Note briefly sets out who can apply for summary judgment or strike out, when such an application should be made, and whether a party is restricted from making an application in any particular circumstances. Produced in partnership with Paul Wright of 9 Stone Buildings.

Letter of claim—negligent misstatement by bank
Letter of claim—negligent misstatement by bank
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for negligent misstatement by a bank.

Letter of claim—rescission and damages for fraudulent misrepresentation
Letter of claim—rescission and damages for fraudulent misrepresentation
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for fraudulent misrepresentation. If fraudulent misrepresentation is established, the innocent party is entitled to rescind the contract and claim damages.

Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in place
Pre-commencement notice of funding where a pre-6 April 2016 conditional fee agreement is in place
Precedents

This Precedent is a notice of funding which must be served on another party in litigation where a conditional fee agreement (CFA) was entered into before 6 April 2016 in respect of insolvency proceedings—and where the party entering into the CFA wishes to recover an additional liability from the other party, including any after-the-event (ATE) insurance premium. This Precedent is produced in partnership with Paul Wright of 9 Stone Buildings.

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