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...
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...
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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...
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
Is a judgment required in order to enforce a settlement deed where there has been a default of payment obligations (including to obtain an order for...
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...
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...
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...
Admissions—pre-actionThis Practice Note deals with admissions prior to the issue of the claim form. For information on admissions after issue of the...
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...
Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal...
Pre-action protocols and additional claimsFor general information on the Practice Direction Pre-Action Conduct and Protocols, as well as the various...
Responding to a letter of claim—a practical guideThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills13th Jul
Can you make an application before issuing proceedings to rely on documents under CPR 31.22(1)(b), where documents disclosed in other proceedings are...
Letter of instruction to single joint expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert...
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...
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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