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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: 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
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
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
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
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
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
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...
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9th Nov
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
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Service content

Practice notes
This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...
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27th Apr
Practice notes
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K&L Gates 21st Apr
Practice notes
Coronavirus (Covid-19): The ability to serve a claim form within the requisite time period may be affected by the impact of coronavirus. For guidance,...
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19th Apr
Precedents
Practical considerations arising from the UK leaving the EU are set out in the general drafting notes to this Precedent.Filed on behalf of the...
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19th Apr
Precedents
Practical considerations arising from the UK leaving the EU are set out in the general drafting notes to this Precedent.Filed on behalf of the...
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19th Apr
Practice notes
This Practice Note looks at service of documents outside England and Wales where there is no formal jurisdictional regime in place with the country in...
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16th Apr
Practice notes
The UK's departure from the EU on 31 January 2020 has implications for practitioners serving documents out of England and Wales not only in an EU...
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16th Apr
Practice notes
This Practice Note explains the application of the Service Regulation. Service under the regulation is only applicable between the UK and EU Member...
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Produced in partnership with Camilla McPherson 16th Apr
Practice notes
This Checklist sets out when permission of the courts of England and Wales is required, may be required or is not required when serving a claim form...
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14th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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Produced in partnership with Nicholas Pointon of St John's Chambers 13th Apr
Precedents
There are a limited number of circumstances in which the claimant does not require permission to serve the claim form outside England and Wales. To...
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Produced in partnership with Nicholas Pointon of St John's Chambers 12th Apr
Practice notes
Parallel regimes in the CPR and the Companies Act 2006CPR 6.3(2) provides that when serving a company with a claim form, the claim form may be served...
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12th Apr
Practice notes
This Practice Note sets out the rules that apply when seeking to serve the defence in proceedings. The rules are set out in Section III, Part 6 which...
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12th Apr
Q&As
This Q&A is only applicable where service took place under the Service Regulation, was commenced before 31 December 2020 at 11 pm and the transitional...
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9th Apr
Q&As
As a general rule, documents must be served within the jurisdiction (CPR 6.6(1), CPR 2.3). However, there are exceptions to this rule that permit...
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9th Apr
Q&As
Where the court makes a committal order, the order is for the issue of a warrant of committal. A warrant of committal then needs to be executed,...
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9th Apr
Q&As
Requirement for a translationRecital 12 and Article 8 of Regulation (EC) 1393/2007, the Service Regulation provide that an addressee may refuse to...
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9th Apr
Q&As
Bulgaria joined the EU on 1 January 2007. For further information on this, see: EU member countries in brief.Article 26 of Regulation (EC) 1393/2007,...
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9th Apr
Q&As
Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...
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9th Apr

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