ADR

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Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov

Most recent ADR content

Practice notes
As seen in Practice Note: Dispute resolution clauses—what and why, it is generally seen as being advantageous to include a dispute resolution clause...
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6th May
Practice notes
Many contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration...
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20th Apr
Practice notes
Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the...
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15th Apr
Practice notes
What is a dispute resolution clause?Many commercial agreements contain what may be called a ‘dispute resolution clause’ or an ‘ADR clause’ (ie an...
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15th Apr
Practice notes
This Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers, namely: Centre for...
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9th Apr
Practice notes
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be...
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8th Apr
Practice notes
Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...
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8th Apr
Practice notes
This Practice Note considers jurisdiction agreements, also known as choice of court agreements, in terms of what they do, why have them and similar...
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8th Apr
Practice notes
Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on when an expert’s determination may be...
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Produced in partnership with 4 Pump Court and Jill Headford of Tozers 7th Apr
Practice notes
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
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Produced in partnership with 4 Pump Court 7th Apr
Practice notes
This Practice Note may be read in conjunction with Practice Note: Comparison of forms of ADR and litigation which summarises, in tabular format, the...
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1st Apr
Practice notes
This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant...
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1st Apr
Practice notes
This Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the Small Claims...
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1st Apr
Practice notes
Features of an executive tribunal or 'mini-trial'The executive tribunal (sometimes also called a mini-trial or supervised settlement procedure):•a...
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1st Apr
Practice notes
This Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes.Med-arb is suitable for resolving a wide range...
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Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 1st Apr
Practice notes
This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and...
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1st Apr
Practice notes
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...
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1st Apr
Practice notes
Scope of this Practice NoteAs set out in Practice Note: Court guides and other guidance, the court guides seek to provide a general explanation of the...
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30th Mar
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules settlement as they will apply between the...
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11th Mar

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