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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
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
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
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
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
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
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
Read More >
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
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 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
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
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 applications content

Q&As
The starting point is set out in CPR 7.6: ‘…(1) The claimant may apply for an order extending the period for compliance with rule 7.5.(2) The general...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Precedents
Filed on behalf of the claimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
In answering this Q&A, we have assumed that the question is asked on behalf of the claimant.Before issueIn general, the obligation is on the claimant...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 8th Jan
Practice notes
This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...
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Produced in partnership with K&L Gates 8th Jan
Precedents
[Insert name and/or position of individual at the relevant court][Insert court address][Insert date]Dear Sirs[Insert name of claimant] v [insert name...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
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...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Coronavirus (COVID-19) considerationsAn application for an extension of time to serve the claim form can be dealt with on the papers without the need...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
It is assumed that the reference to the ‘Hague Convention’ is to the Hague Service Convention, concluded as part of the Hague Conference on Private...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Jan
Practice notes
Coronavirus (Covid-19): If making an application for an extension of time, this may be affected by the impact of coronavirus on the availability of...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Precedents
Filed on behalf of the claimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Q&As
Assumption: it is assumed that you have already advised the court that you will serve the claim form rather than choosing the default position that...
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Produced in partnership with Lauren Godfrey of Hardwicke Chambers 8th Jan
Q&As
CPR 6 contains separate provisions in respect of service of the claim form and service of other documents.Personal service of a claim formCPR...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
Precedents
[Date][Insert claimant’s solicitors‘ name, reference and address]Dear Sirs[Insert name of claimant] v [insert name of defendant]—Claim No: [insert...
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Produced in partnership with Sarah Bousfield of Brick Court Chambers 8th Jan
Practice notes
This Practice Note discusses a key consideration of relevance when dealing with forum non conveniens, namely the factors connecting the proceedings to...
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7th Dec
Practice notes
This Practice Note discusses a key consideration that applies in the context of forum non conveniens, namely the requirements of justice.For guidance...
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7th Dec
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see: Forum non...
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7th Dec
Practice notes
This Practice Note considers the claimant’s duty to give full and frank disclosure of all material facts when making a without notice application for...
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7th Dec
Practice notes
This Practice Note lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions...
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7th Dec
Practice notes
This Tracker lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions dealing...
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7th Dec

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