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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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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
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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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
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
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
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
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
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
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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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 Litigation content

Q&As
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
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Produced in partnership with James Tunley of Lamb Chambers 11th Jun
Practice notes
Electronic bundles in civil proceedingsEffective preparation of bundles is an essential element of a smooth, orderly hearing and something which...
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Produced in partnership with Quinn Emanuel Urquhart & Sullivan UK LLP 11th Jun
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
Service of the claim form—service in the jurisdictionCoronavirus (Covid-19): The ability to serve a claim form within the requisite time period may be...
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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
Practice notes
Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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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
Precedents
Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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11th Jun
Practice notes
Late Payment of Commercial Debts (Interest) Act 1998The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates...
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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
Consent orders and judgmentsThis Practice Note gives guidance on what a consent order or a judgment is, when court approval is required to enter into...
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10th Jun
Q&As
Where a contractual debt has been assigned, can a counterclaim be brought against the assignee for the contracting party’s breach?This Q&A uses the...
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10th Jun
Practice notes
Business and Property Courts—shorter trials schemeThis Practice Note provides guidance on the interpretation and application of the relevant...
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10th Jun
Practice notes
Judgments and orders—service, compliance, interpretationThis Practice Note provides guidance on the interpretation and application of the relevant...
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10th Jun
Practice notes
General civil restraint ordersThis Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general...
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8th Jun
Practice notes
Litigants in person—pre-action protocols, statements of case and CPR 36Note: the Master of the Rolls issued guidance in March 2013, entitled...
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Produced in partnership with Phil Roberts of Clarke Willmott 8th Jun
Practice notes
Briefing counsel for trialWhen to brief counselIf you have any doubts about whether you will have the time to prepare the case adequately for trial,...
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8th Jun
Practice notes
Limited civil restraint ordersThis Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general...
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8th 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
Civil proceedings orders against vexatious litigantsThis Practice Note should be read in conjunction with Practice Notes: Civil restraint orders,...
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8th Jun

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