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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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26th Oct
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 23rd Oct
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Oct
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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2nd Oct
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 1st Oct
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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26th Sep
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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26th Sep
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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26th Sep
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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25th Sep
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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25th Sep
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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25th Sep
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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25th Sep

Most recent Costs and funding content

Practice notes
Bespoke system of costs managementThe standard costs management scheme does not lend itself well to multi-party/multi-claim litigation either within...
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25th Sep
Practice notes
Relevant CPR provisionsCPR PD 26 deals with case management and the preliminary stage of allocation and reallocation. At CPR PD 26, para 12.5 it deals...
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25th Sep
Practice notes
Abbreviations used in this Practice Note:•LIP—Litigant in person•LP(CE)A 1975—Litigant in Person (Costs and Expenses) Act 1975 (as amended)•ordinary...
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25th Sep
Practice notes
OutlineWhat are pro bono costs?•Pro bono costs are like ordinary legal costs, but where a party was represented for free in relation to...
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25th Sep
Practice notes
This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a...
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25th Sep
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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25th Sep
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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25th Sep
Practice notes
This Practice Note provides two simple examples of how a damage-based agreement (DBA) will work in practice applying the provisions in the...
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25th Sep
Practice notes
Rationale for the proportionality provisionsThe key rationale for the changes was set out in the Jackson Final Report as being: 'Access to justice is...
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25th Sep
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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25th Sep
Practice notes
Types of claimsThese types of claims fall into three categories. Category I Claims for the recovery of land, including a possession claim under CPR 55...
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25th Sep
Practice notes
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For...
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25th Sep
Practice notes
Extension of the Electronic Working Pilot scheme to the SCCOThe 110th Practice Direction update, effective from 7 October 2019, extends the...
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25th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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25th Sep
Practice notes
Fixed recoverable costs (FRC) prescribe an amount that can be claimed back from a paying party in litigation and have been implemented in an effort to...
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25th Sep
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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25th Sep
Practice notes
This Practice Note considers the issues surrounding making an application for the court to exercise its discretion under section 51 of the Senior...
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25th Sep
Practice notes
This Practice Note sets out and explains the special provisions relating to VAT in CPR PD 44. These provisions apply to claims for VAT in respect of...
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25th Sep

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