Applications—general

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Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The

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

Duties of the road user

Road traffic accidents are a prolific source of work for personal injury practitioners, giving rise to claims that span the full spectrum of severity

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

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...

20th Oct

In-house

Practice notes

Fundamental dishonesty—case tracker

This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under...

8th Oct

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,...

2nd Oct

Practice notes

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...

26th Sep

Practice notes

Driver liability

Most road traffic cases turn on their particular facts.There are few hard and fast rules, and disapproval of the excessive citation of authority has...

26th Sep

Practice notes

Common recoverable losses in personal injury cases

General damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect the gravity of an injury and the effect it has had...

26th Sep

Practice notes

Recognised psychiatric illness

The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...

26th Sep

Practice notes

Defences in road traffic accidents

Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

26th Sep

Practice notes

The Ogden tables

NOTE: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE: On 15...

26th Sep

Practice notes

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...

26th Sep

Practice notes

Personal injury claims and the Criminal Justice and Courts Act

The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...

25th Sep

Practice notes

Contributory negligence in road traffic accidents

In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of...

25th Sep

Practice notes

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...

25th Sep

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...

25th Sep

Practice notes

Proving negligence in road traffic claims

The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...

25th Sep

Most recent Applications—general content

Practice notes

Forms of address for the judiciary

There are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply both to communications by way of...

25th Sep

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...

25th Sep

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...

25th Sep

Practice notes

Electronic applications in the TCC CLCC [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Throughout this Practice Note, references to:•TCC are to the Technology and...

26th Sep

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...

26th Sep

Practice notes

Adjourning interim 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...

26th Sep

Practice notes

Application hearings

This Practice Note provides guidance on application hearings under Part 23 of the CPR. It includes practical tips on how to prepare for an application...

26th Sep

Practice notes

Applications without notice

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

26th Sep

Practice notes

Agreements to extend time—buffer agreements

This Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an application, Relief from sanctions—the application,...

26th Sep

COVID-19

Practice notes

Consent orders and judgments

This Practice Note gives guidance on what a consent order or a judgment is, when court approval is required to enter into a consent order, the form a...

28th Sep

COVID-19

Q&As

Is it possible to remove an entry from the Register of Judgments and Orders where a judgment has not been satisfied? What is the correct court form, fee and procedure to use?

A judgment registration can only be removed from the register if it was:•entered in error•paid before the court date•cancelled due to full payment...

28th Sep

Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...

Produced in partnership with James Tunley of Lamb Chambers 28th Sep

Q&As

Do you have guidance for making an application to submit a defence exceeding 25 pages to the Commercial Court?

Under paragraph C1.1(b) of the Admiralty and Commercial Courts Guide, statements of case should be limited to 25 pages in length. The court will only...

28th Sep

Q&As

When submitting an N244 to set the judgment aside default judgment with three respondents to the claim, does an application form need to be prepared for each respondent or can the three respondents be included on one application form?

Where default judgment has been obtained, an application must be made to set it aside. To do this, you must file and serve:•Form N244 (or Form N244CC...

28th Sep

Q&As

What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States?

We assume that the matter is not proceeding in the Commercial Court—different rules apply in relation to applications in this court.Putting...

28th Sep

Q&As

If a claim is struck out following the claimant’s non-attendance at the hearing of the application to strike out and the claimant did not receive notification of the hearing date, can the claimant apply for the strike out to be set aside/appealed and what is the time limit for doing so?

When a party has not been present at a hearing/trial, they can seek to have the order or judgment made in their absence set aside under CPR...

28th Sep

Q&As

Who can sign a statement of truth in a defence where the defendant is a limited company? Can a director, whose directorship was terminated prior to signing the statement of truth, validly sign it and what is the effect of such a director signing the statement of truth in these circumstances?

A statement of truth made on behalf of a company must be signed by a person holding a senior position in the company. In respect of registered...

28th Sep

Q&As

When must an order be served on a respondent following a without notice application?

In many cases the court will serve the order.Where the applicant is to serve, the precise requirements for serving the order are likely to vary...

28th Sep

Q&As

Should I appeal an order made under CPR 39.3 or make an application under CPR 39.3(3)?

The power of the court to strike out and restore proceedings under CPR 39.3?Pursuant to CPR 39.3, in the absence of a party, a court may proceed with...

28th Sep

Q&As

What is the procedure for applying for anonymity when issuing a claim form?

Non-disclosure orderThe general rule is that a hearing is to be in public: CPR 39.2(1). However, the court may order that the identity of any party...

28th Sep