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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
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
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
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
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
Precedents
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
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
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
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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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
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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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

Most recent Service content

Q&As
This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in...
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25th Jan
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 21st Jan
Q&As
At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....
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21st Jan
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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19th Jan
Q&As
The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can...
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Produced in partnership with David Willink of Lamb Chambers 18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering service of documents out of England and Wales. For guidance, see...
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18th Jan
Practice notes
This Glossary assists dispute resolution practitioners with understanding the different terms used when dealing with the service of documents either...
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18th Jan
Practice notes
The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521Note that these regulations have been amended by The Civil, Criminal...
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18th Jan
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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18th Jan
Practice notes
This Practice Note considers service of a claim form issued by the courts of England and Wales on either a defendant domiciled in Scotland or Northern...
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18th Jan
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 18th Jan
Practice notes
This Practice Note considers the rules of service as they will apply in the time period between the UK ‘s departure from the EU on 31 January 2020 and...
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18th Jan
Practice notes
This Practice Note sets out the documents that need to be served on the defendant alongside the claim form in civil litigation. The documents are the...
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18th Jan
Practice notes
Can I still serve the claim form?Yes. The claim form can be served. CPR 6.9(1) provides that where the defendant has not given an address for service,...
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18th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact that Brexit will have on the service of...
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18th Jan
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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18th Jan
Practice notes
This Practice Note considers the position in relation to service of documents from England and Wales in an EU Member State where the process for...
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18th Jan
Practice notes
This Practice Note considers the rules in both CPR 6.7 for service of the claim form and CPR 6.28 for service of other documents on the defendant’s...
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18th Jan
Practice notes
This Practice Note considers the question when do I need to serve the claim form?. The time limits for serving the claim form differ depending in...
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18th Jan

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