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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
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
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
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
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
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
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
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

Most recent Litigation content

Practice notes
Civil restraint ordersThis Practice Note deals with general information on civil restraint orders (CROs) that is common to all types of CRO and should...
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8th Jun
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendantFiled on behalf of the...
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8th Jun
Precedents
Witness statement in support of the defendant’s application for permission to make an additional claim against a third partyFiled on behalf of the...
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8th Jun
Practice notes
Court fees in civil proceedingsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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8th Jun
Practice notes
County Court money claims—how and where to issueCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be...
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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
Starting a civil fraud claim—a practical guideBrexit: The UK's departure from the EU has implications for practitioners in a number of areas covered...
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Produced in partnership with Arish Bharucha and Elizabeth Meade of Cooke Young and Keidan LLP 8th Jun
Practice notes
Representative claimsRepresentative parties—CPR 19.6Under CPR 19.6(1), a claim may be begun, or the court may order that a claim be started or...
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8th Jun
Practice notes
Group Litigation Orders—procedureWho may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate...
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Produced in partnership with Andrew Wilson 8th Jun
Practice notes
Group Litigation Orders—introductionWhat is a group litigation order?Multiple claims can be managed by the court under a group litigation order (GLO)....
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Produced in partnership with Andrew Wilson 8th Jun
Practice notes
Damages claims pilot scheme—CPR PD 51ZBThis Practice Note deals with a pilot scheme to test an online claims process for County Court damages claims...
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8th Jun
Practice notes
TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and...
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7th Jun
Practice notes
Development of electronic working schemes in the courtsThis Practice Note considers the background and development of electronic working in the...
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7th 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
If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?CPR...
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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
In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?This...
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Produced in partnership with Kate Andrews of Hamlins 7th Jun
Q&As
What are the rules for reply where a claim issued in the Chancery Division continues under the Business and Property Courts? What are the rules for...
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7th Jun
Q&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Jun

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