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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
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
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
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
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
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
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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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
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
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
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 Litigation content

Practice notes
Costs-only proceedings (Part 8)This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court...
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22nd Jul
Practice notes
CE File—background to the electronic system in Chancery [Archived]ARCHIVED: this archived Practice Note is not maintained and is for background...
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22nd Jul
Practice notes
Where to start the claimHigh Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of...
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22nd Jul
Precedents
Litigation Cooperation AgreementThis Deed is made on [date]Parties1[name], of [address] [company number] (‘A Limited’)2[name], of [address] [company...
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Produced in partnership with Mark Surguy of Weightmans 22nd Jul
Q&As
If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
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22nd Jul
Practice notes
Statements of truthSTOP PRESS: This Practice Note is being reviewed in light of the 134th Practice Direction update, which makes changes to CPR PD 51R...
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20th Jul
Precedents
Tomlin orderClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]...
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16th Jul
Practice notes
Certification of service of the claim form (CPR 6.17)This Practice Note provides guidance on the certificate of service of the claim form (Form N215)....
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16th Jul
Practice notes
Drafting the particulars of claim and replyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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15th Jul
Practice notes
Counterclaims and additional claims under CPR 20—initial considerations and permissionThis Practice Note sets out when and how a defendant may bring a...
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15th Jul
Q&As
What can a claimant do if they have named an incorrect defendant in civil proceedings on the claim form?We have assumed that the limitation period for...
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14th Jul
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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14th Jul
Q&As
Does a party to proceedings have to notify the court that they have changed their name by deed poll and, if so, how is the court to be notified?It has...
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14th 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 14th Jul
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 14th Jul
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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14th 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 14th 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 13th 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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13th Jul

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