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 and Business and Property Courts—flexible trials scheme.
This Practice Note considers some of the issues that claimants may face when seeking to pursue claims for professional negligence in compliance with the Pre-action Protocol for Professional Negligence claims (the ‘Protocol’). See also: Professional negligence claims—claimant steps—checklist.
For guidance for defendants, see Practice Note: Pre-action protocol for professional negligence claims—issues for the defendant and Professional negligence claims—checklist for defendant.
For general guidance on the procedures required by the Protocol, see Practice Note: Guide for claimants and defendants to the pre-action protocol for professional negligence claims and for the general scope, aim and compliance issues of the Protocol, see Practice Note: Pre-action protocol for professional negligence claims.
Although it does not
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
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
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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