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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
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: 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
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
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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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
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
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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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
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
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
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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9th Nov

Most recent Track specific case management content

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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30th 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
Practice notes
This Practice Note considers specific case management provisions for cases allocated to and proceeding on the fast track under CPR 28 and CPR PD...
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23rd Apr
Practice notes
This Practice Note considers costs in the small claims track (SCT). For further information on case management in the SCT, see Practice Note: Small...
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Produced in partnership with David Willink of Lamb Chambers 13th Apr
Practice notes
This Practice Note considers specific case management provisions for cases allocated to and proceeding on the small claims track. These provisions are...
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9th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Apr
Practice notes
Form N149BThe court will serve on each party its notice of proposed allocation once all the defendants have filed their defence, or the time for doing...
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8th Apr
Practice notes
Form N149AThe court will serve on each party its notice of proposed allocation once all the defendants have filed their defence, or the time for doing...
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8th Apr
Practice notes
This Practice Note provides guidance on the menu of disclosure options under CPR 31.5(7) and CPR 31.5(8) which apply to non-personal injury claims...
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8th 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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7th 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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7th Apr
Practice notes
Form N149CThe court will serve on each party its notice of proposed allocation once all the defendants have filed their defence, or the time for doing...
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7th Apr
Practice notes
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
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7th Apr
Precedents
This Precedent is the Gov.uk standard direction order template to use in multi-track cases where expert evidence is to be given by a single joint...
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7th Apr
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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7th Apr
Precedents
IN THE HIGH COURT OF JUSTICEClaim No:BUSINESS AND PROPERTY COURTS IN BIRMINGHAM[FINANCIAL LIST (ChD) OR BUSINESS LIST (ChD) OR COMPANY & INSOLVENCY...
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24th Mar
Precedents
This Precedent and Drafting Note provide guidance on the additional or alternative directions that may be required in multi-track cases and reflect...
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17th Mar
Q&As
What is a trial window?Lawyers, judges and even certain bits of the Civil Procedure Rules 1998 (CPR 1998) (such as CPR PD 3D—Mesothelioma Claims)...
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Produced in partnership with Alex Cunliffe of Lamb Chambers 24th Feb
Q&As
The provisions of CPR PD 39A (which provide for a trial bundle and the requirements it must fulfil) do not apply to small claims trials by operation...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Feb

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