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Pre-action disclosure/Norwich Pharmacal

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Latest PI & Clinical Negligence News

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

The following Dispute Resolution news provides comprehensive and up to date legal information on John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

Queen’s Bench General, Media and Communications Information for court users

Queen’s Bench General, Media and Communications Information for court users

The following Dispute Resolution news provides comprehensive and up to date legal information on Queen’s Bench General, Media and Communications Information for court users

Queen’s Bench Masters Listing and Action Department Information for court users

Queen’s Bench Masters Listing and Action Department Information for court users

The following Dispute Resolution news provides comprehensive and up to date legal information on Queen’s Bench Masters Listing and Action Department Information for court users

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

Personal injury and the potential issues relating to the registration of cyclists and e-scooters

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Personal injury and the potential issues relating to the registration of cyclists and e-scooters

Featured PI & Clinical Negligence content

Past loss of earnings

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For...

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain...

Practice notes

Credit hire—an introduction

Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes

The employer’s duty of care

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

Future loss of earnings—personal injury claims

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

Interest on general damages, special damages and judgment debt

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 duty

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
Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

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
Q&As

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it transpires that the value is in excess of the upper limit of £25,000? Can you exit the claim from the portal on grounds that it exceeds the upper value?

Is there any guidance on what costs are payable in a claim which was initially submitted via the low value Ministry of Justice portal but it...
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19th May
Practice notes

Damages in clinical negligence claims

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

Drafting counter schedules of loss in PI and clinical negligence claims

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

Low Velocity Impact RTAs—in detail

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

Loss of congenial employment

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

Military claims

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

Loss of pension—personal injury claims

Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes

Misfeasance in public office

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
Practice notes

Fixed costs in road traffic accident claims

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 Pre-action disclosure/Norwich Pharmacal content

Practice notes

Norwich Pharmacal orders (NPOs)

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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13th Jul
Practice notes

Dispute resolution—data protection and GDPR considerations

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 13th Jul
Practice notes

Use of confidential information in civil proceedings

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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2nd Jul
Practice notes

Disclosure by a non-party—Rule 31.17

Disclosure by a non-party—Rule 31.17Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the...
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24th Jun
Practice notes

Pre-action disclosure—requirements and the courts' approach

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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21st Jun
Q&As

Is it possible to make a single application under CPR 31.17 for pre-action disclosure against two parties?

Is it possible to make a single application under CPR 31.17 for pre-action disclosure against two parties?Such an application is made pursuant to CPR...
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Produced in partnership with Carl Fain of Tanfield Chambers 6th Jun
Q&As

Is it possible to make an ex-parte disclosure application against a non-party?

Is it possible to make an ex-parte disclosure application against a non-party?There may be instances when you know or suspect that a person or entity...
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5th Jun
Q&As

How can I enforce an order for pre-action disclosure and costs?

How can I enforce an order for pre-action disclosure and costs?Firstly, it would be prudent to look at the terms of the pre-action disclosure order to...
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5th Jun
Practice notes

Pre-action disclosure—the application

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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5th Jun
Practice notes

Norwich Pharmacal orders—procedure for application

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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5th Jun
Precedents

Drafting note for application notice for a Norwich Pharmacal order

Drafting note for application notice for a Norwich Pharmacal orderIntroductionThe application should be made using:—Form N244 generally—Form N244(CC)...
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5th Jun
Precedents

Drafting note for application notice for pre-action disclosure—Commercial Court

Drafting note for application notice for pre-action disclosure—Commercial CourtIntroductionThe application in the Commercial Court is made using Form...
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5th Jun
Precedents

Claim form—Norwich Pharmacal order

Claim form—Norwich Pharmacal order

You will

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5th Jun
Precedents

Order for a Norwich Pharmacal order

Order for a Norwich Pharmacal orderClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR...
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5th Jun
Precedents

Order for pre-action disclosure

Order for pre-action disclosureClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
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5th Jun
Precedents

Witness statement in support of application for a Norwich Pharmacal order

Witness statement in support of application for a Norwich Pharmacal orderFiled on behalf of the [Claimant OR Defendant]Witness statement of [insert...
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5th Jun
Precedents

Witness statement in support of application for pre-action disclosure

Witness statement in support of application for pre-action disclosureWitness statement of [insert name] of [insert company name]Filed on behalf of the...
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5th Jun
Precedents

Drafting note for application notice for pre-action disclosure

Drafting note for application notice for pre-action disclosureIntroductionThe application should be made using:—Form N244 generally—Form N244(CC) if...
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5th Jun

Popular documents

Enquiries before contract

Enquiries before contract

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications

Robbery

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,

Capital allowances on property sales—pre-contract enquiries

Capital allowances on property sales—pre-contract enquiries

Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general