The defendant and statements of case

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Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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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
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
Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a...
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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
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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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
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
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 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

Q&As
Can I serve a claim form by email if a defendant is domiciled in two different countries due to work commitments?When seeking to serve a document in...
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1st Aug
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 1st Aug
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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1st Aug
Q&As
What test will a court apply in deciding whether to allow an amendment to a claim form?The rules regarding amendments to statements of case (which...
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1st Aug
Q&As
Can a witness be required to respond to Part 18 requests for further information?In answering this Q&A, we have referred to a request for further...
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31st Jul
Q&As
Where a claimant is seeking to add a defendant(s) does the application notice for permission to add them need to be served on the proposed new...
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Produced in partnership with Julia Dias QC of 7KBW 31st Jul
Q&As
What are the consequences where the court gives permission to amend one paragraph of the particulars of claim but the claimant amends additional...
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Produced in partnership with Mr Tom Montagu-Smith, QC 31st Jul
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 31st Jul
Q&As
What steps do you take to defend a Part 8 claim issued to obtain an order for sale?Bringing a Part 8 claimOur Practice Note: CPR Part 8 claims...
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31st Jul
Q&As
If a party serves a witness statement after the new statement of truth rules are in force (ie post April 2020), but the witness statement was signed...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 31st Jul
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 31st Jul
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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31st Jul
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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31st Jul
Q&As
Do you have guidance for making an application to submit a defence exceeding 25 pages to the Commercial Court?Under paragraph C1.1(b) of the Admiralty...
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31st Jul
Q&As
How do I serve a counterclaim on a second defendant who is out of the jurisdiction?What is a counterclaim?Counterclaims and other additional claims...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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