Privilege/without prejudice

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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
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
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
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
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
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
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 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
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
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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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

Most recent Privilege/without prejudice content

Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. For an explanation of how covert intelligence gathering is regulated, see...
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Produced in partnership with Eric Metcalf of Monckton Chambers and Carolina Bracken of 5 Paper Buildings 5th May
Q&As
This Q&A considers the concept of privilege as a whole, although there are different types of privilege which may be relevant in the context of...
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5th May
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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5th May
Practice notes
This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...
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29th 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
Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...
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Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr
Precedents
Dear [insert organisation name]We write in response to your letter of [insert date] concerning documents you sent to us on [insert date], which you...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
Dear [insert organisation name]We write to inform you that [we OR our client] inadvertently sent you privileged material by way of [our letter and...
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Produced in partnership with Mathew Purchase of Matrix Chambers 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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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
IN THE [COURT]Claim no.: [insert claim number]BETWEEN[Insert claimant’s name]        ClaimantAND[Insert defendant’s...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
[DETAILS OF DEPONENT ETC.]IN THE [COURT]Claim no.: [insert claim...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Precedents
This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure:•Draft...
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Produced in partnership with Mathew Purchase of Matrix Chambers 9th Apr
Practice notes
The Freedom of Information Act 2000 (FIA 2000) confers a general right of public access to information that is held by public authorities which...
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Produced in partnership with Chris Alderson of Hempsons 8th Apr
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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8th Apr
Practice notes
When dealing with litigation in various different jurisdictions, the Getting The Deal Through Guide (GTDT) titled: legal privilege and professional...
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8th Apr
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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8th Apr
Practice notes
This Practice Note should be read in conjunction with Practice Note: Closed Material Procedure.What is public interest immunity (PII)?A party may...
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8th Apr
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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8th Apr
Practice notes
This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers the...
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8th Apr

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