The defendant and statements of case

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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
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
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
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 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
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 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
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
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
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 The defendant and statements of case content

Practice notes
Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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11th Jun
Practice notes
Adding (joinder) and substituting partiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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11th Jun
Precedents
Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
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11th Jun
Practice notes
Responding to a UK GDPR compensation claim—a practical guideThis Practice Note provides guidance on how to respond to a UK GDPR claim pursuant to the...
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10th Jun
Practice notes
Multiple defendantsThis Practice Note looks at issues arising when multiple defendants (or co-defendants) are involved in domestic proceedings. It...
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8th Jun
Practice notes
Discontinuance of a claimWhat is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has...
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8th Jun
Practice notes
Extension of timeThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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7th Jun
Q&As
How can a claimant remove a defendant in multi-party proceedings?CPR 38.2(3) provides that where there is more than one defendant, the claimant may...
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7th Jun
Q&As
Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?An ‘additional claim’ is...
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Produced in partnership with David Willink of Lamb Chambers 7th Jun
Q&As
Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an...
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Produced in partnership with Kayleigh Lindford of Clarke Willmott 7th Jun
Q&As
Can a person domiciled in an EU Member State be a litigant in person in the English courts?There is no general definition in the CPR of a 'litigant in...
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6th Jun
Q&As
What are the consequences (costs and otherwise) of a claimant changing their mind having rejected a defendant’s part admission? What are the practical...
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6th Jun
Q&As
If serving by email, what is the extent of the requirement to enquire about the recipient’s email limitations?Serving documents by emailService by...
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Produced in partnership with James Tunley of Lamb Chambers 6th Jun
Q&As
What authorities or guidance do you have on unilateral mistake? What authorities or guidance do you have on mistake in drafting court documents, such...
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6th Jun
Q&As
In what circumstances can particulars of claim be served separately to the claim form? If a party wishes to amend its statement of case, what are the...
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Produced in partnership with Karen Hellier of Clarke Willmott 5th Jun
Q&As
What is the procedure to admit to a claim? And what is the application process for re-determination?Action following service of a claimAfter...
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5th Jun

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