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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
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
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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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
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
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 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
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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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
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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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 Evidence and disclosure content

Practice notes
Survey and witness evidence in trade mark and passing off casesThis Practice Note summarises some of the legal and practical issues associated with...
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Produced in partnership with Amanda McDowall of Lee & Thompson and Sarah Wright of CMS 16th May
Practice notes
Disclosure: specific disclosureThis Practice Note should be read in conjunction with Practice Notes:•Disclosure—the application for specific...
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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
Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...
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15th May
Practice notes
Witness evidence—code of conduct requirements [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Code of conduct...
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15th May
Practice notes
Chancery Division—expert evidenceThis Practice Note provides guidance on expert evidence in the Chancery Division under Chapter 17 of the Chancery...
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15th May
Practice notes
Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and...
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15th May
Practice notes
Witness evidence—preparing for trialThis Practice Note should be read in conjunction with Practice Notes: Witness evidence—giving evidence at trial,...
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15th May
Practice notes
Witness evidence—Jackson Reforms [Archived]ARCHIVED:Note: this Practice Note only gives guidance on the provisions implemented in April 2013. It does...
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15th May
Practice notes
Authenticity of disclosed documents—CPR 32.19This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of...
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15th May
Practice notes
Expert evidence—Jackson reforms [Archived]ARCHIVED: Note:•this Practice Note provides guidance on provisions which came into force on 1 April...
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15th May
Practice notes
Liability of expert witnessesIt is vital that experts are aware of their professional duties and comply with them accordingly. A failure to do so may...
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15th May
Practice notes
Norwich Pharmacal orders (NPOs)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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15th May
Practice notes
Specific disclosure—the courts' approachThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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15th May
Practice notes
Disclosure—solicitors' obligationsNote: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property...
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15th May
Practice notes
Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 15th May
Practice notes
Duties of an expertKey principlesCivil Procedure Rule (CPR) 35.3 makes clear that an expert is under a duty to assist the court on matters within his...
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Produced in partnership with Hardwicke Chambers 15th May
Practice notes
Electronic disclosure—Electronic Documents Questionnaire (EDQ)This Practice Note should be read in conjunction with Practice Note: Electronic...
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15th May
Practice notes
Instructing an expertWhen instructing experts you are expected to have regard to:•all relevant CPR Rules and Practice Directions•the Guidance for the...
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15th May
Practice notes
Admissibility of expert evidenceThis Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972...
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15th May

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