Applications—general

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Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
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,...
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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
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...
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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
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
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
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...
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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
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
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
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,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
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...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Applications—general content

Practice notes
This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...
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22nd Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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22nd Jan
Practice notes
This Practice Note should be read in conjunction with Practice Notes:•Case management—compliance•Relief from sanctions—the courts’ approach•Relief...
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22nd Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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22nd Jan
Practice notes
This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...
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21st Jan
Practice notes
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...
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18th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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18th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
This Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks at specific provisions...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
Recording and transcription of hearingsCPR 39.9 sets out the provisions relating to the recording and transcription of proceedings and provides...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
This Practice Note should be read in conjunction with Practice Notes:•Disclosure—collateral use of documents—which deals with CPR 31.22(1)(a)...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
This Practice Note provides general guidance on evidence in support of interim applications by way of witness statements. It considers when you are...
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18th Jan
Practice notes
This Practice Note looks at how to prepare for the hearing of an interim application (or an ‘interim hearing’) in the Technology and Construction...
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18th Jan

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