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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
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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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
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
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
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
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
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
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
Practice notes
Electronic filing and communicationsThis Practice Note considers electronic working (e-working), in particular, in relation to electronic...
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7th Jun
Practice notes
The Financial List—starting and transferring claimsWhat is the Financial List?The Financial List is a specialist list in the High Court which came...
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7th Jun
Practice notes
County Court money claims—early stages progress up to allocationThis Practice Note should be read in conjunction with Practice Note: County Court...
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7th Jun
Practice notes
Limitation—amendments to statements of case, set-offs and counterclaimsFor general guidance on the computation of limitation periods, as well as more...
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7th Jun
Practice notes
Independent set-off and transaction set-offAlthough it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a...
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7th Jun
Practice notes
County Court Online pilot scheme—CPR PD 51SThis Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file...
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7th Jun
Practice notes
Starting a breach of contract claim—a practical guideScope of this Practice NoteThis Practice Note on contract breach claims provides practical...
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7th Jun
Practice notes
In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted...
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7th Jun
Practice notes
Starting an SPA breach of warranty claim—a practical guideThis Practice Note considers how to pursue a breach of warranty claim in the context of...
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7th Jun
Q&As
Is there a rule in the Civil Procedure Rules or elsewhere that states that a litigant in person should not contact their legally represented opponent...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th 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
Does the court have a duty to dispose of cases as soon as possible?This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules...
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6th Jun
Q&As
What are the practical steps required to join a party to proceedings?See Practice Note: Adding (joinder) and substituting parties, which gives...
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6th Jun
Q&As
Where an insurance policy is in dollars but a claim has been made, judgment given and the insured paid out in sterling, then what date is the exchange...
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6th Jun
Q&As
Can more than one firm of solicitors (in a co-counsel scenario) be named on a claim form and so ‘go on the record’ for one party?CPR Part 42 which is...
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6th Jun
Q&As
If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what...
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Produced in partnership with David Willink of Lamb Chambers 6th Jun
Q&As
Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the...
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6th Jun

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