Evidence and disclosure

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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 Evidence and disclosure content

Practice notes
Redaction is the process by which text is obscured or 'masked'. This can be a means of seeking to maintain the confidentiality of information, most...
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25th Sep
Practice notes
Business and Property Courts—the disclosure pilot The disclosure pilot scheme commenced on 1 January 2019 and will run for two years....
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25th Sep
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the COVID-19...
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25th Sep
Practice notes
This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...
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25th Sep
Practice notes
This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...
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25th Sep
Practice notes
Key principlesCivil Procedure Rule (CPR) 35.3 makes clear that an expert is under a duty to assist the court on matters within his or her area of...
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25th Sep
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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25th Sep
Practice notes
This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of proving the authenticity of a document, when...
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25th Sep
Practice notes
GeneralThis is the process whereby you review the documentary evidence and decide what documents should be disclosed. To do this effectively and...
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25th Sep
Practice notes
Note: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts under CPR PD 51U in force as...
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25th Sep
Practice notes
This Practice Note should be read in conjunction with Practice Note: Introduction to electronic disclosure.'Electronic disclosure' is the proper...
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25th Sep
Practice notes
What is hot-tubbing?Concurrent expert evidence ('CEE'), or 'hot-tubbing' as it is colloquially known, is a procedure at trial whereby experts in any...
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25th Sep
Practice notes
This practice note examines what a certified copy is, when a certified copy is required, who can certify a document and what format the certification...
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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 public interest...
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25th Sep
Practice notes
This Practice Note considers the Closed Material Procedure (CMP) which allows the state to disclose sensitive material to the judge without having to...
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25th Sep
Practice notes
'Electronic disclosure' is the proper management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or...
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25th Sep
Practice notes
This Practice Note should be read in conjunction with Practice Note: Electronic Documents Questionnaire (EDQ)—frequently asked questions.Note: This...
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25th Sep
Practice notes
This Practice Note focuses on exhibits to factual witness statements and affidavits. It explains what an exhibit is and sets out practical...
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25th Sep
Practice notes
This Practice Note considers how a judgment creditor can obtain information about a judgment debtor's assets that are located overseas....
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25th Sep
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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25th Sep

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