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
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
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
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
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
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
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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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
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
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent The defendant and statements of case content

Practice notes
Amending a statement of case—introduction and costsThis Practice Note is a introduction to amendments to statements of case (pleadings). It should be...
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31st Jul
Practice notes
Serving the defenceThis Practice Note sets out the rules that apply when seeking to serve the defence in proceedings. The rules are set out in Section...
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31st Jul
Practice notes
Filing the defenceThis Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice...
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31st Jul
Practice notes
Amending a statement of case—permission to amendThis Practice Note explains when you will need the court’s permission to amend a statement of case...
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31st Jul
Practice notes
Admissions in money claims—unspecified amountsThis Practice Note looks at the different provisions which apply in unspecified money claims when the...
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31st Jul
Practice notes
Challenging court jurisdiction—general principlesThis Practice Note considers the general principles to consider when challenging or disputing the...
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31st Jul
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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31st Jul
Practice notes
After a claim has been served—issues for the defendantAction following service of a claimA claim may commenced under CPR 7 (on which see Practice...
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31st Jul
Practice notes
Drafting the defence—drafting tipsThis Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any...
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Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 31st Jul
Practice notes
Amending a statement of case—illustrative decisionsThis Practice Note should be considered in conjunction with Practice Notes: Amending a statement of...
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31st Jul
Practice notes
Drafting the defence—formalitiesIf the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this...
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Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 31st Jul
Practice notes
Late amendments to statements of case—illustrative decisionsThis Practice Note should be considered in conjunction with Practice Notes: Amending a...
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31st Jul
Practice notes
Admissions in money claims—specified amountThis Practice Note looks at the different provisions which apply when admitting the whole or part of a...
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31st Jul
Practice notes
Timetable for statements of caseThis Practice Note refers to old provisions in Part 6 which are subject to savings provisions post 31 December 2020....
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31st Jul
Practice notes
Acknowledgment of serviceThis Practice Note explains when an acknowledgment of service is required (CPR 10) and the consequences of a failure to file...
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31st Jul
Practice notes
Late amendments to statements of case—the court's approachThis Practice Note considers late and very late applications to amend statements of case...
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31st Jul
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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31st Jul
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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31st Jul
Practice notes
Part 18 requests for further information (CPR 18)This Practice Note provides guidance on when to make a request for further information under CPR 18,...
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31st Jul

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