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Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Precedents
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
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
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
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
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
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
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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Produced in partnership with Andrew Wilson 12th Jan
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
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
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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Produced in partnership with Andrew Wilson 12th Jan
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
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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9th Nov
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Litigation content

Practice notes
This Practice Note sets out when CPR 14, which deals with admissions, will and will not apply. It looks at when admissions can be made following...
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7th May
Practice notes
This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...
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7th May
Practice notes
This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR....
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7th May
Practice notes
This Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a...
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7th May
Practice notes
This Practice Note considers Tomlin orders, which are often used in settling litigation. A Tomlin order comprises a consent order and a schedule. It...
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7th May
Q&As
This Q&A assumes the reference is to the issue fee paid in accordance with Fee 1 in Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008),...
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7th May
Precedents
This Deed is made on [date]Parties1[name], of [address] [company number] (‘A Limited’)2[name], of [address] [company number] (‘B Limited’)together the...
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Produced in partnership with Mark Surguy of Weightmans 6th May
Practice notes
This Practice Note provides guidance on pursuing a UK GDPR claim pursuant to the UK data regime in force and applying as from 11 pm on 31 December...
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6th May
Practice notes
This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...
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6th May
Practice notes
This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...
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6th May
Practice notes
What is compliance?Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR...
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6th May
Practice notes
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A...
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6th May
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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6th May
Practice notes
This Practice Note should be read in conjunction with Practice Note: County Court money claims—how and where to issue.Note: for information on the...
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6th May
Practice notes
Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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6th May
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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5th May
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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5th May
Practice notes
This Practice Note explains the regulatory requirements that apply when you instruct an expert, barrister or other third party on your client’s...
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5th May
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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5th May

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