The following Dispute Resolution practice note Produced in partnership with Steven O'Sullivan provides comprehensive and up to date legal information covering:
The Pre-action Protocol for Professional Negligence claims was amended with effect from 6 April 2015 (with a further amendment effective 30 April 2018 in relation to adjudication). This Practice Note sets out the position according to the protocol now in force.
Note: claims started on or after 1 October 2015 in the Business and Property Courts may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme for claims issued on or after 1 October 2015 and Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015.
This Practice Note sets out a guide, for claimants and defendants alike, as to the key stages to adhere to when following the Pre-action Protocol for Professional Negligence claims (‘the Protocol’).
For guidance on specific issues relating to claimants in professional negligence claims, see the Practice Note: Pre-action protocol for professional negligence claims—issues for the claimant.
For guidance on specific issues for professionals defending a professional negligence claim, see the Practice Note: Pre-action protocol for professional negligence claims—issues for the defendant.
For general information on the scope, aims and compliance issues, see also Practice Note: Pre-action protocol
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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 care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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