Making an application and service

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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
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
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
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
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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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
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
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
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
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
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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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
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Making an application and service content

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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5th May
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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5th May
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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4th May
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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29th Apr
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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29th Apr
Practice notes
This Practice Note highlights that such costs are not recoverable as of right and identifies issues to be considered when determining whether, and to...
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28th Apr
Practice notes
Commercial Court Rolls BuildingAs of 25 April 2017, CE-File electronic working is mandatory for all professional court users in certain jurisdictions...
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27th Apr
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 Apr
Precedents
[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
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26th Apr
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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23rd Apr
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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20th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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8th Apr
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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31st Mar
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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31st Mar
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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29th Mar

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