The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
CPR 46.6(2) provides that generally group litigation costs are divided between the generic work which relates to the issues common to all of the group and the individual work being the work relating to the individual facts of a particular case. By way of example, in a pharmaceutical litigation case, the generic work would be proving that the product was defective while individual work would be the individual demonstrating the injury related to the product and the level of damages as appropriate. In cases where the court determines that one or more cases are to be test cases then the work on that case is for the benefit of all and will be generic work.
The generic work costs are known as the ‘common costs’ and are shared severally between all the claimants, usually on a quarterly basis. The purpose of common costs is to protect the group litigants from incurring unnecessary costs by the duplication of work between them. This is achieved by enabling the parties to take collective steps once only. All claimants share liability for the common costs for the period in which they are members of the group. There is an element of retrospectivity, because a claimant who joins the group late generally assumes their several liability for all of the common costs back to the date on which the costs
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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 party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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