Pre-action: general

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Practice notes
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...
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19th May
Practice notes
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...
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Produced in partnership with Sue Brown 19th May
Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 19th May
Practice notes
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
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
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
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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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
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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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
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
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
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
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
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

Most recent Pre-action: general content

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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23rd Jul
Q&As
Which pre-action protocol applies to a claim where an individual (not acting as a business) is seeking monies from another individual (not acting as a...
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23rd Jul
Q&As
Where a borrower has defaulted on a loan and we intend to send a letter before action prior to issuing proceedings in circumstances where the claimant...
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23rd Jul
Practice notes
How do I assign a claim or cause of action?This Practice Note considers how you may assign a claim or cause of action in law or in equity, including...
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22nd Jul
Practice notes
Admissions—pre-actionThis Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the...
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22nd Jul
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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22nd Jul
Practice notes
Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction...
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22nd Jul
Q&As
Do you have any information and recent cases regarding the requirements for a letter of claim to be served on a company based in Italy?The following...
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22nd Jul
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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14th Jul
Q&As
Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Jul
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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14th Jul
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 Jul
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 13th Jul
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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2nd Jul
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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21st Jun
Precedents
Letter of instruction to single joint expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert...
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10th Jun
Q&As
In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol...
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6th Jun
Q&As
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

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