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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 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
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
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
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
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
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
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
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
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
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
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: 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
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov

Most recent Expert evidence content

Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as...
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16th Apr
Practice notes
When instructing experts you are expected to have regard to:•all relevant CPR Rules and Practice Directions•the Guidance for the instruction of...
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15th Apr
Practice notes
It is vital that experts are aware of their professional duties and comply with them accordingly. A failure to do so may have a various consequences...
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15th Apr
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...
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15th Apr
Practice notes
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...
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15th Apr
Practice notes
This Practice Note provides guidance on expert evidence in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and...
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9th Apr
Practice notes
This Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a factual witness is allowed to give oral...
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9th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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9th Apr
Precedents
Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...
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9th Apr
Precedents
Filed on behalf of the [claimant OR defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
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9th Apr
Precedents
IntroductionThe application in the Commercial Court is made using Form N244CC.Application notice—Commercial Court (Form N244(CC)) (Word)General...
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9th Apr
Precedents
IntroductionThe application should be made using Form N244.Application notice (Form N244)If making an application in the Commercial Court, see...
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9th Apr
Precedents
IntroductionThe application should be made using Form N244. If an application is being made in the Commercial Court, use Precedent: Application notice...
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9th Apr
Precedents
IntroductionThe application in the Commercial Court is made using Form N244CC. Application notice—Commercial Court (Form N244(CC)) (Word)If making an...
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9th Apr
Precedents
Filed on behalf of the [claimant OR defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...
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9th Apr
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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8th Apr
Practice notes
This Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for permission to adduce...
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8th Apr
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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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 8th Apr
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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8th Apr

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