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
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
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 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 9th Nov
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
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 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 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
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
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 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 Louise Thomson 9th Nov
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 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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20th Oct
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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20th Oct
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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20th Oct
Practice notes
IntroductionWhile it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a...
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19th Oct
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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19th Oct
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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19th Oct
Q&As
There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances...
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Produced in partnership with David Peachey 16th Oct
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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16th Oct
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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16th Oct
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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13th Oct
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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8th Oct
Q&As
The provisions of the CPRPart 22 of the Civil Procedure Rules 1998 (CPR 1998) (CPR 22) requires that certain documents in legal proceedings be...
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Produced in partnership with Jonathan Edwards 29th Sep
Q&As
Having conducted a comprehensive search of our resources we have been unable to find a definition of ‘unrepresented’ for the purposes of Civil...
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28th Sep
Q&As
It is important to note at the outset that there could be specific provisions which apply dependant on the type of application being made and the...
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28th Sep
Q&As
CPR 23.9 allows the court to make an order where the respondent has no notice of the application seeking it. After an application without notice has...
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28th Sep
Q&As
The basis of the ability to recovery costs is set out in CPR 3.7A1(6) which deals with the sanctions applicable when there is non-payment of the trial...
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28th Sep
Q&As
The ability to agree an extension of time will depend on a variety of factors, including the deadline...
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28th Sep
Q&As
In answering this Q&A we have assumed that this is a civil action and the issue arises due to a freezing injunction having been ordered. We also...
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28th Sep
Q&As
Status of practice directionsSection 13 of the Constitutional Reform Act 2005 (CRA 2005), CRA 2005, Sch 2, Pt 1 sets out a process by which the...
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Produced in partnership with Jonathan Edwards 28th Sep

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