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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 12th Jan
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
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
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 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
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
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
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
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
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Case management 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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22nd Jan
Q&As
The court has the power to stay the whole or part of any proceedings or judgment either generally or until a specified date or event under CPR...
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22nd Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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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
Who may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate consent (on which see: Application...
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Produced in partnership with Andrew Wilson 22nd Jan
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 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 considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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20th Jan
Practice notes
Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...
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Produced in partnership with Constantine Cannon LLP 19th Jan
Q&As
The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...
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Produced in partnership with James Tunley of Lamb Chambers 18th Jan
Q&As
The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can...
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Produced in partnership with David Willink of Lamb Chambers 18th Jan
Q&As
It has been assumed this Q&A refers to a civil claim.CPR PD 16, para 2.1 provides that:‘The claim form must be headed with the title of the...
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18th Jan
Q&As
Do you need to:•amend a party's name in a statement of case to correct an mistake as to the party's name, or•add or substitute a new party or parties...
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18th Jan
Q&As
Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)Under CPR 19.4(1), the court's permission is required to remove,...
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18th Jan
Practice notes
Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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18th Jan
Practice notes
References to the Guide are to the Commercial Court Guide.This Practice Note should be read in conjunction with Practice Notes:•Claim form—the...
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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
What is the Financial List?The Financial List is a specialist list in the High Court which came into force on 1 October 2015 to deal with complex...
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18th Jan

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