Pre-action: general

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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
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
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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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
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
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
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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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
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
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: general content

Precedents
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 16th Apr
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as...
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16th Apr
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...
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15th Apr
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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15th Apr
Q&As
Recovering rent arrearsBefore taking any action to recover rent arrears, landlords must consider:•whether they are able to, and if so whether to...
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15th Apr
Practice notes
Pre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to resolve (as opposed to an abstract question of...
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9th Apr
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 the...
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9th Apr
Precedents
[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if...
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9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN][ADDRESS LINE 1][ADDRESS...
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Produced in partnership with Thomas Evans of Henderson Chambers 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN][ADDRESS LINE 1][ADDRESS...
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Produced in partnership with Thomas Evans of Henderson Chambers 9th Apr
Precedents
Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...
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9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Apr
Precedents
[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of the debtor’s solicitors][Address line 1][Address line 2][Postcode][Date]Dear...
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9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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Produced in partnership with Steven O'Sullivan 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [insert name of addressee][ADDRESS LINE 1][ADDRESS LINE 2][POSTCODE][DATE]Dear [insert...
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Produced in partnership with Leigh Callaway of Fladgate 9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Apr
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Apr

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