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 defendants may face when seeking to defend claims for professional negligence while maintaining compliance with the Pre-action Protocol for Professional Negligence claims (the ‘Protocol’). Also see: Professional negligence claims—defendant steps—checklist.
For guidance for claimants in this respect, see Practice Note: Pre-action protocol for professional negligence claims—issues for the claimant and Professional negligence claims—checklist for claimant.
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 in respect of the Protocol, see Practice Note: Pre-action protocol for professional negligence claims.
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
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A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
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