Court's case management powers

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Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 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
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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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
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 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
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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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
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May

Most recent Court's case management powers content

Practice notes
Procedural errors and how to remedy them (CPR 3.10)What is an error of procedure?Procedural errors may arise during the course of litigation. It is...
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17th Jun
Q&As
Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same...
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11th Jun
Practice notes
Adding (joinder) and substituting partiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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11th Jun
Practice notes
Litigants in person—case management and relief from sanctionsThis Practice Note provides guidance on the interpretation and application of the...
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Produced in partnership with Phil Roberts of Clarke Willmott 8th Jun
Practice notes
Discontinuance of a claimWhat is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has...
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8th 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
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
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
Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 7th Jun
Precedents
Business and Property Courts Birmingham—directions templateIN THE HIGH COURT OF JUSTICEClaim No:BUSINESS AND PROPERTY COURTS IN BIRMINGHAM[FINANCIAL...
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7th Jun
Precedents
Small claims track standard directionsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES...
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7th Jun
Precedents
Standard direction order templates and model paragraphs for multi-track casesThis Precedent and Drafting Note provide guidance on the additional or...
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7th Jun
Precedents
Fast track standard directionsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
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7th Jun
Precedents
Standard multi—track directions—single joint expertThis Precedent is the Gov.uk standard direction order template to use in multi-track cases where...
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7th Jun
Practice notes
Summary table of key case management changes—Jackson Reforms [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background...
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7th Jun
Practice notes
Case management—court's powers—Dispute ResolutionThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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7th Jun
Practice notes
Jackson reforms on case management—one year on [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.NOTE: This Practice Note...
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7th Jun

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