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Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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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
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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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
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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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
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
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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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
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May

Most recent Inspection content

Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun
Q&As
If a statement of case (POC) is amended to delete reference to a document, is the defendant able to inspect the document under CPR 31?Documents...
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5th Jun
Q&As
Once a form N268 is completed in accordance with the deadlines set under CPR 32.19, what is the procedure followed in order to prove the document at...
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5th Jun
Q&As
Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that...
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Produced in partnership with David Sawtell of 39 Essex Chambers 5th Jun
Q&As
A document is labelled ‘privileged’, ‘confidential’ and/or ‘privileged and confidential’. Does this mean it is privileged?General principles—privilege...
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5th Jun
Practice notes
Use of confidential information in civil proceedingsThis Practice Note looks at the status and use of confidential information in civil proceedings...
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5th Jun
Practice notes
Public interest immunityThis Practice Note should be read in conjunction with Practice Note: Closed Material Procedure.What is public interest...
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5th Jun
Practice notes
Disclosure—foreign language documents, translations and documents outside the jurisdictionThis Practice Note addresses some issues to consider where...
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5th Jun
Practice notes
Disclosure—inspectionThis Practice Note refers to Retained Regulation (EU) 2016/679 (UK GDPR). The regime under this retained regulation came into...
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5th Jun
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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5th Jun
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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5th Jun
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 5th Jun
Practice notes
Disclosure—grounds for objecting to inspection under CPR 31.19Grounds for objecting to inspectionA party is (generally) entitled to inspect documents...
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5th Jun
Precedents
Witness statement in support of application to inspect privileged documentsFiled on behalf of the [insert party eg Claimant or Defendant]Number of...
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5th Jun
Precedents
Draft letter responding to request to inspect privileged documentsDear [insert organisation name]We write in response to your letter of [DATE].[Our...
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5th Jun
Precedents
Affidavit responding to an application to inspect privileged documents[DETAILS OF DEPONENT ETC.]IN THE [COURT]Claim no.: [insert claim...
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5th Jun
Precedents
Draft order for inspection of privileged documentsIN THE [COURT]Claim no: [insert claim number]BETWEEN[Insert claimant’s...
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5th Jun
Precedents
Draft letter seeking inspection of privileged documentsDear [insert organisation name]We write with respect to your [disclosure list], in which you...
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5th Jun
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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24th Mar

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