Applications—general

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Corporate Insolvency and Governance Act 2020—CE file guidance for moratorium and restructuring plans under Part 26A of the Companies Act 2006

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Act 2020—CE file guidance for moratorium and restructuring plans under Part 26A of the Companies Act 2006

Mid-year review 2016—enforcement

The following Banking & Finance news provides comprehensive and up to date legal information on Mid-year review 2016—enforcement

High Court orders expedition to determine issues relating to a financial restructuring given insolvency alternative (McLaren Holdings Ltd v US Bank Trustees Ltd)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Featured PI & Clinical Negligence content

Qualified one-way costs shifting (QOCS)

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...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

What is fundamental dishonesty?

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...

Psychiatric injury—secondary victims

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...

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

9th Nov

Practice notes

Collateral benefits and double recovery

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...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Vicarious liability in the course of employment—the close connection test

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

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...

Produced in partnership with Andrew Wilson 12th Jan

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

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...

9th Nov

Practice notes

Loss of congenial employment

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...

9th Nov

Practice notes

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Louise Thomson 12th Jan

Practice notes

Fixed costs in road traffic accident claims

Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...

9th Nov

Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

9th Nov

Most recent Applications—general content

Q&As

If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a condition that the property be sold for a certain amount and it has transpired that this is in excess of the value), does the usual rule apply and the application should be served on the other side at least three days before the application hearing? Is it possible for the application to instead be made: i) without notice; and/or ii) on paper?

This Q&A considers the procedure which a party to an order must follow if it wishes to make an application to vary its terms. This response is...

22nd Jan

Practice notes

Relief from sanctions—the application

This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...

22nd Jan

COVID-19

Practice notes

Judgments and orders—drafting and formalities

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

22nd Jan

Practice notes

Relief from sanctions—when (and when not) to use

This Practice Note should be read in conjunction with Practice Notes:•Case management—compliance•Relief from sanctions—the courts’ approach•Relief...

22nd Jan

COVID-19

Practice notes

Statements of truth

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

22nd Jan

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...

21st Jan

COVID-19

Practice notes

Making an application

This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice...

18th Jan

In-house

Practice notes

Extension of time

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

COVID-19

Practice notes

Applications without hearings

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Review of a court’s interim decision

ReconsiderationThe court has a power to reconsider its decision in an interim application at any point up to the time the order is drawn up.It is at...

18th Jan

Practice notes

TCC—making an application

This Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks at specific provisions...

18th Jan

Practice notes

Non-attendance by the parties at trial

For guidance on non-attendance by a party at an interim hearing, see Practice Note: Application hearings—Non-attendance by a party.What can I do if I...

18th Jan

COVID-19

Practice notes

Obtaining a transcript of a hearing

Recording and transcription of hearingsCPR 39.9 sets out the provisions relating to the recording and transcription of proceedings and provides...

18th Jan

Practice notes

Automatic orders pilot scheme [Archived]

ARCHIVED: Warning: this is for historical purposes only. This pilot scheme has now ended.Where and when did it apply?The Automatic Pilot Scheme (the...

18th Jan

Practice notes

TCC—determining applications

This Practice Note looks at how interim applications made in the Technology and Construction Court (TCC) are determined under CPR 60, CPR PD 60 and...

18th Jan

Practice notes

Public and private hearings

This Practice Note should be read in conjunction with Practice Notes:•Disclosure—collateral use of documents—which deals with CPR 31.22(1)(a)...

18th Jan

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

This Practice Note is an introduction to CE-File electronic working/electronic filing or e-working/e-filing in the courts under CPR PD 51O, including...

18th Jan

COVID-19

Practice notes

Court etiquette

The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...

18th Jan

Practice notes

Witness statements for specific applications

This Practice Note provides general guidance on evidence in support of interim applications by way of witness statements. It considers when you are...

18th Jan

Practice notes