Pre-action

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Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 12th Jan
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Pre-action content

Precedents
Note: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of the...
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Produced in partnership with David Robinson of Thompsons Solicitors 18th Jan
Practice notes
Coronavirus (Covid-19): The COVID-19 Clinical Negligence Protocol (2020) has been created to adapt clinical negligence claims handling and litigation...
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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18th Jan
Practice notes
ARCHIVED: This Practice Note is for historical reference. It considers pre-action behaviour in non-protocol cases under the Practice...
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18th Jan
Practice notes
Note: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates between the pre- and post–6 April 2015...
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Produced in partnership with David Juckes of Hailsham Chambers 18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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18th Jan
Practice notes
Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...
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18th Jan
Practice notes
This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...
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18th Jan
Practice notes
This Practice Note identifies when it might be appropriate to make an application for pre-action disclosure under CPR 31.16. It also explains, by...
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18th Jan
Practice notes
This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...
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18th Jan
Practice notes
For general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various pre-action protocols, see Practice...
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18th Jan
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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18th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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18th Jan
Practice notes
Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 Pre-Action Protocol, see Practice Note: The pre-action...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 16th Jan
Practice notes
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSThe revised pre-action protocol for low value personal injury claims...
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16th Jan
Practice notes
The pre-action protocol for low value road traffic accident claims—30 April 2013 onwardsTHIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30...
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Produced in partnership with Sue Brown 16th Jan
Practice notes
THIS PRE-ACTION PROTOCOL CAME INTO FORCE ON 6 APRIL 2015. To view a copy of The pre-action personal injury protocol—pre-6 April 2015, see Practice...
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16th Jan
Practice notes
The Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL protocol) applies to claims valued...
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16th Jan
Practice notes
The Court’s background and nameSection 41 of the Court Reforms (Scotland) Act 2014 (‘The Act’) gave to Scottish Ministers the power to provide, by...
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Produced in partnership with Frank Hughes 16th Jan
Practice notes
This Practice Note aims to provide an overview of the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability)...
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Produced in partnership with Sue Brown 16th Jan

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