Applications—general

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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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20th Oct
Practice notes
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...
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8th Oct
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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2nd Oct
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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26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...
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26th Sep
Practice notes
Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...
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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
Practice notes
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...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
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...
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25th Sep
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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25th Sep
Practice notes
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...
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25th Sep

Most recent Applications—general content

Practice notes
There are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply both to communications by way of...
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25th Sep
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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25th Sep
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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25th Sep
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. Throughout this Practice Note, references to:•TCC are to the Technology and...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
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...
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26th Sep
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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26th Sep
Practice notes
This Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an application, Relief from sanctions—the application,...
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26th Sep
Practice notes
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...
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28th Sep
Q&As
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...
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28th Sep
Q&As
At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...
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Produced in partnership with James Tunley of Lamb Chambers 28th Sep
Q&As
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...
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28th Sep
Q&As
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...
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28th Sep
Q&As
We assume that the matter is not proceeding in the Commercial Court—different rules apply in relation to applications in this court.Putting...
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28th Sep
Q&As
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...
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28th Sep
Q&As
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...
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28th Sep
Q&As
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...
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28th Sep

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