Pre-action

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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
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 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
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
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
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
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

Most recent Pre-action content

Practice notes
Use of confidential information in civil proceedingsThis Practice Note looks at the status and use of confidential information in civil proceedings...
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23rd Sep
Practice notes
Pre-action—costs recoveryPre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for...
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23rd Sep
Practice notes
Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and ProtocolsThis Practice Note provides guidance on the...
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21st Sep
Practice notes
Pre-action protocols and additional claimsFor general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various...
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20th Sep
Practice notes
Pre-action disclosure—requirements and the courts' approachThis Practice Note identifies when it might be appropriate to make an application for...
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13th Sep
Practice notes
Norwich Pharmacal orders—procedure for applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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13th Sep
Practice notes
Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and...
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13th Sep
Practice notes
Norwich Pharmacal orders (NPOs)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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Produced in partnership with Sarah Tresman of Twenty Essex 13th Sep
Practice notes
Disclosure by a non-party—Rule 31.17This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of...
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13th Sep
Practice notes
Responding to a letter of claim—a practical guideThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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13th Sep
Q&As
If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?In general, a party can bring a claim...
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13th Sep
Practice notes
Resolving a dispute—initial considerationsPre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to...
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10th Sep
Practice notes
The pre-action protocols and when they applyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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9th Sep
Practice notes
Part 36 offers—pre-action costs recoveryNote: a revised CPR 36 came into force on 6 April 2015. Where appropriate this Practice Note differentiates...
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Produced in partnership with David Juckes of Hailsham Chambers 9th Sep
Practice notes
Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 9th Sep
Practice notes
The Pre-Action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwardsThe Pre-Action Protocol for Resolution of Package...
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9th Sep
Q&As
Can a notice to admit facts be served pre-action in correspondence?The aim of a notice to admit facts is to save time and importantly, costs, because...
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9th Sep

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