Allocating and transferring proceedings

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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May

Most recent Allocating and transferring proceedings content

Practice notes
Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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11th Jun
Practice notes
Allocation of claims to a trackWhat is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is...
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11th Jun
Practice notes
Business and Property Courts—shorter trials schemeThis Practice Note provides guidance on the interpretation and application of the relevant...
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10th Jun
Practice notes
Directions questionnairesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...
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8th Jun
Precedents
This Precedent is the Gov.uk standard direction order template to use in multi-track cases where no expert evidence is to be adduced. It should be...
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8th Jun
Q&As
If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?CPR...
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7th Jun
Q&As
What is the procedure for applying to transfer proceedings from a regional County Court to the London High Court?Transferring proceedingsTransfer of...
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7th Jun
Q&As
How can a claimant remove a defendant in multi-party proceedings?CPR 38.2(3) provides that where there is more than one defendant, the claimant may...
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7th Jun
Q&As
How do you apply to change track allocation from small claims track to fast track where the claim value has exceeded the small claims track threshold...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Jun
Q&As
Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)?The court has a...
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Produced in partnership with Phil Roberts of Clarke Willmott 7th Jun
Q&As
In considering the value of a claim which is just below £10,000, does the court take into account the fact that the court fee will take the value over...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Jun
Q&As
Is a fee payable by a claimant when filing a directions questionnaire? If not, but a fee used to be payable, what was the fee?The majority of court...
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7th Jun
Q&As
Where a claim on the small claims track has been stayed, can the claimant apply to lift the stay? If so, is there a specific application for doing so?...
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7th Jun
Q&As
Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 7th Jun
Q&As
Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?An ‘additional claim’ is...
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Produced in partnership with David Willink of Lamb Chambers 7th Jun
Q&As
Are you permitted to recover costs under the CPR which were incurred during a stay of proceedings?We are not aware of any authority which suggests...
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7th Jun
Q&As
In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?This...
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Produced in partnership with Kate Andrews of Hamlins 7th Jun
Q&As
What are the rules for reply where a claim issued in the Chancery Division continues under the Business and Property Courts? What are the rules for...
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7th Jun

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