Disclosure

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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May

Most recent Disclosure content

Practice notes
Disclosure—redactionRedaction is the process by which text is obscured or 'masked'. This can be a means of seeking to maintain the confidentiality of...
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30th Jul
Practice notes
TCC—eDisclosure ProtocolThis Practice Note looks at the ‘eDisclosure Protocol’, the second edition of which was published on 9 January 2015, which...
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30th Jul
Practice notes
Closed Material ProcedureThis Practice Note considers the Closed Material Procedure (CMP) which allows the state to disclose sensitive material to the...
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30th Jul
Practice notes
Disclosure—data protection and GDPR considerationsThis Practice Note considers data protection issues that should or may be considered during...
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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 30th Jul
Precedents
Letter to client on disclosure obligations under CPR 31This Precedent letter covers disclosure obligations under CPR 31. It does not apply to...
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30th Jul
Practice notes
Disclosure—identifying documentsThis Practice Note explains the process of identifying documents relevant to the issues in dispute and which may need...
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30th Jul
Precedents
Draft order for co-operation on disclosure of electronic documentsClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY...
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30th Jul
Precedents
Draft memo for client about disclosure and privilegeThis precedent draft memo should be read (and potentially be sent) with the relevant precedent...
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Produced in partnership with Mathew Purchase of Matrix Chambers 30th Jul
Practice notes
Disclosure—technical glossaryThis Practice Note should be read in conjunction with: Disclosure—introduction. Note that this Practice Note does not...
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30th Jul
Precedents
Document preservation notice under Business and Property Courts disclosure pilot scheme[Insert name and address of recipient][Insert date]PRIVATE,...
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30th Jul
Practice notes
Introduction to electronic disclosure'Electronic disclosure' is the proper management of large volumes of electronically stored information (ESI)...
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30th Jul
Practice notes
Electronic disclosure—Electronic Documents Questionnaire (EDQ)This Practice Note should be read in conjunction with Practice Note: Electronic...
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30th Jul
Practice notes
Disclosure—collecting documentsImportant note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the regime...
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30th Jul
Practice notes
Disclosure ‘menu’ in multi track claimsThis Practice Note provides guidance on the menu of disclosure options under CPR 31.5(7) and CPR 31.5(8) which...
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30th Jul
Precedents
List of documents—standard disclosure (with drafting notes)The list of documents should generally be completed on Form N265 (List of documents:...
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30th Jul
Practice notes
Disclosure obligations in multi-track claimsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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30th Jul
Practice notes
Disclosure—preserving documentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
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30th Jul
Precedents
Draft letter to client about disclosure—small claims trackPrivate & confidential[Insert name and address of client][insert date]Dear [insert name of...
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Produced in partnership with Moya Clifford of Hill Dickinson 30th Jul
Precedents
Application notice for disclosure against a non-party—Commercial CourtIntroductionThe application in the Commercial Court is made using Form...
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30th Jul
Precedents
Letter serving particulars of claim or defence under Business and Property Courts disclosure pilot scheme[Insert name and address of recipient][Insert...
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30th Jul

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