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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
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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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
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
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
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
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
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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9th Nov
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov
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
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Costs and funding content

Practice notes
Fixed costs in employer liability and public liability claimsPre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public...
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16th May
Practice notes
Terminating retainers and transfer and variation of CFAs [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. For how the...
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Produced in partnership with Sue Brown 16th May
Practice notes
ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived]Position pre-1 April 2013ARCHIVED:...
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16th May
Practice notes
The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwardsThe Pre-Action Protocol for Resolution of Package...
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16th May
Practice notes
Qualified one-way costs shifting (QOCS)—case trackerThis case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in...
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16th May
Practice notes
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...
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16th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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16th May
Practice notes
Transfer of CFAs when law firms close, merge or change status [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. See...
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Produced in partnership with Sue Brown 16th 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 16th May
Practice notes
Damages-based agreements—personal injury and clinical negligenceThis Practice Note explains how the damages-based agreement (DBA) regime operates...
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15th May
Practice notes
Success fee and insurance premiums table—from 1 April 2013This table summarises the following information for different types of claim funded by way...
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15th May
Practice notes
Conditional fee agreements after 1 April 2013—personal injury and clinical negligenceThis Practice Note explains how the conditional fee regime...
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15th May
Practice notes
Litigant in person costs—procedureAbbreviations used in this Practice Note:•LIP—litigant in person•SCCO—Senior Court Costs OfficeCivil Procedure Rules...
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15th May
Practice notes
Costs management—court guidesWhere a guide contains references a CPR rule or a paragraph in a practice direction, it is important to check whether...
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15th May
Practice notes
Part 36 and detailed assessmentThis Practice Note considers the application of CPR 36 where Part 36 offers are made to settle detailed assessment...
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Produced in partnership with Alice Nash of Hailsham Chambers 15th May
Practice notes
Disclosure pilot scheme—costs recoveryThis Practice Note considers costs recovery when dealing with proceedings under the disclosure pilot scheme...
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15th May
Practice notes
Non-party costs orders—fundersThis Practice Note considers whether a non-party costs order (NPCO) will be made against a funder of litigation. It...
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15th May
Practice notes
Cost orders—the general rule and the court's discretionThis Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its...
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15th May
Practice notes
Detailed assessment: how to apply for a hearing (prior to April 2013) [Archived]ARCHIVED: This Practice Note is based on provisions revoked on 1 April...
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15th May
Practice notes
Client assessment of solicitor's costs—procedureThe provisions relating to the assessment of solicitors' costs are in CPR 46 and CPR PD 46, para 6.1...
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15th May

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