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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
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
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
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
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
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
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
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
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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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 Costs and funding content

Practice notes
Rationale for enforcing an interim costs orderIt is important that the courts have mechanisms at their disposal so that they are in a position to...
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25th Jan
Practice notes
What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee agreement', is a means of funding...
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21st Jan
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 20th Jan
Practice notes
ReferencesThe Solicitors Act 1974 is referred to as the SA 1974 in this Practice Note.Can a solicitor recover fees?Whether a solicitor can recover...
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Produced in partnership with 4 New Square 20th Jan
Q&As
Amendments to statements of caseOnce served, a statement may only be amended with the written consent of the other parties or with the court’s...
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18th Jan
Practice notes
What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...
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18th Jan
Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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18th Jan
Practice notes
What is a multi-party costs order?A multi-party costs order means simply an order in a claim where there are more parties than just one claimant and...
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Produced in partnership with Alice Nash of Hailsham Chambers 18th Jan
Practice notes
There are a variety of reasons why assignment of a conditional fee agreement (CFA) may be required. Where an assignment has taken place, paying...
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18th Jan
Practice notes
What is detailed assessment?Detailed assessment is the procedure by which the amount of costs payable by one party, the paying party who is generally...
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18th Jan
Practice notes
This Tracker provides examples of costs judgments where either the court has made an issues-based costs order or has refused to make an issues-based...
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18th Jan
Practice notes
ARCHIVED: This Practice Note is archived and is for historical purposes only.1 April 2013 saw reforms to many aspects of litigation funding but what...
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18th Jan
Practice notes
Coronavirus (COVID–19): A detailed assessment hearing will be impacted and consideration needs to be given as to how to undertake such hearings...
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18th Jan
Practice notes
It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived as it predates 1 April 2013 and is for reference purposes only in understanding the consultation that...
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18th Jan
Practice notes
This Practice Note considers non-party costs orders (NPCO) against solicitors. Such orders may be made where a solicitor acts as a funder where there...
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18th Jan
Practice notes
This Practice Note has been archived as is not maintained. Recovery of CFA success fees and ATE insurance premiums in publication and privacy...
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18th Jan
Practice notes
ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.Detailed assessment is the...
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18th Jan

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