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Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is

Duties of the road user

Road traffic accidents are a prolific source of work for personal injury practitioners, giving rise to claims that span the full spectrum of severity

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its

Practice notes

Making an application

This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice...

20th Oct

In-house

Practice notes

Fundamental dishonesty—case tracker

This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under...

8th Oct

Practice notes

Smith v Manchester awards

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,...

2nd Oct

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 costs reforms following the removal of a...

26th Sep

Practice notes

Driver liability

Most road traffic cases turn on their particular facts.There are few hard and fast rules, and disapproval of the excessive citation of authority has...

26th Sep

Practice notes

Common recoverable losses in personal injury cases

General damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect the gravity of an injury and the effect it has had...

26th Sep

Practice notes

Recognised psychiatric illness

The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...

26th Sep

Practice notes

Defences in road traffic accidents

Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

26th Sep

Practice notes

The Ogden tables

NOTE: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE: On 15...

26th Sep

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

26th Sep

Practice notes

Personal injury claims and the Criminal Justice and Courts Act

The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...

25th Sep

Practice notes

Contributory negligence in road traffic accidents

In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of...

25th Sep

Practice notes

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Proving negligence in road traffic claims

The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...

25th Sep

Most recent Q&As content

Q&As

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period is about to expire?

An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out...

28th Sep

Q&As

If the deceased died intestate and a claim was commenced prior to letters of administration, should a new conditional fee agreement (CFA) be entered into?

Authority of administratorWe refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of...

28th Sep

Q&As

Following the death of wife intestate, the husband starts or continues a clinical negligence claim on her behalf. The husband has now died. Who should continue the clinical negligence claim?

Who is entitled to administer the intestate wife’s estate?A grant of administration is required where the deceased died intestate. The order of...

28th Sep

Q&As

X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though he infrequently responds to emails. X’s flat is furnished but unlet and unoccupied. X has over £10,000 of service charge arrears. X refuses to engage with the freeholder via the management company. The management company now want to take action. Given that X is the leasehold owner of the flat, can a claim be served at his flat and via email, despite knowledge he is abroad, though details of his location are unknown?

The terms of the long lease should be checked as this may specifically state the address at which all notices must be given (which would normally be...

Produced in partnership with Philip Roberts of Clarke Willmott LLP 28th Sep

Q&As

Service—what if the defendant has moved?

If the claimant has reason to believe that the defendant is no longer at the address they have for the defendant, reasonable steps must be taken to...

28th Sep

Q&As

The court has served the claim form by mistake. What can I do?

Where a court serves a claim form by mistake, eg if the claimant has specifically stated that they intend to serve the claim form themselves, service...

28th Sep

Q&As

I need to serve a claim form in an EU Member State. Given coronavirus (COVID-19), what do I need to think about? What are likely to be barriers in being able to effect valid service?

The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 28th Sep

COVID-19

Q&As

Where a County Court judgment has been obtained and it subsequently becomes known that the defendant moved addresses before this was obtained, can the judgment be served at the new address?

Any document to be served must be sent or transmitted to or left at the party's address for service under CPR 6.23(2) or CPR 6.23(3) unless it is to...

28th Sep

Q&As

Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on the defendant’s insurers or should service be on the defendant’s solicitors?

This Q&A considers the service of a claim form in the jurisdiction on a defendant who has not provided an address for service.Is the dispute one under...

28th Sep

Q&As

Can I serve a claim form by email if a defendant is domiciled in two different countries due to work commitments?

When seeking to serve a document in proceedings, Part 6 of the Civil Procedure Rules (CPR) sets out the methods of service and the places at which the...

28th Sep

Q&As

What are the rules for service of the claim form and particulars of claim when the MIB are second defendant (as the first defendant is the uninsured driver) ie what is the time scale for service?

The Motor Insurers’ Bureau (MIB) Uninsured Agreement 2015 applies to accidents which occurred on or after 1 August 2015 (see: Uninsured drivers' MIB...

Produced in partnership with David Green of 12 King's Bench Walk 28th Sep

Q&As

A key witness (expert or factual) cannot attend an in-person hearing scheduled for my arbitration over the next few months due to travel restrictions. How should I approach this issue vis-a-vis the witness, the client, the other side and the tribunal?

Clare Ambrose, Twenty EssexThe party’s representative should consult with the witness and the other side. It would be unusual if a solution cannot be...

28th Sep

Q&As

An in-person hearing is scheduled for my arbitration over the next few months. In light of coronavirus (COVID-19), what should I be thinking about, what alternatives may be available (eg relocation, postponement, virtual hearing(s)), what considerations are relevant when contemplating these options, and how would alternative approaches be dealt with procedurally with the other side and the tribunal?

Clare Ambrose, Twenty EssexWe all know the crisis is fast-moving. Arrangements that seemed sensible a week ago now look unrealistic or...

28th Sep

COVID-19

Q&As

A virtual hearing has been proposed for my arbitration in light of coronavirus (COVID-19). What practical and logistical matters will need to be considered in advance? What are the potential advantages and disadvantages of this approach?

Clare Ambrose, Twenty EssexThe obvious advantage is that the hearing can take place and the dispute resolved which is the ultimate aim of the...

28th Sep

COVID-19

Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...

28th Sep

COVID-19

Q&As

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods? Should a ‘blended’ rate of interest be applied over differing six-month periods?

Refer to Practice Note: Late Payment of Commercial Debts (Interest) Act 1998, and in particular the section ‘Late Payment of Commercial Debts...

28th Sep

Q&As

If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...

28th Sep

Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Privity of contract and liabilityAlthough contractual rights and benefits generally are (subject to express contractual provisions to the contrary)...

28th Sep

Q&As

What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;]’?

Personal representativesClause‘1.2In this agreement:……1.2.6[a reference to a ‘party’ includes that party’s personal representatives, successors and...

28th Sep

Q&As

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?

This Q&A considers the impact of the disclosure pilot scheme under CPR PD 51U (the DPS) on proceedings in the Technology and Construction Court (TCC),...

Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 28th Sep