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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
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
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
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
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
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
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
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 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
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
Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...
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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

Most recent Service outside England and Wales 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
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
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
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
Q&As
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...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 9th Apr
Q&As
Service of the claim form at the defendant’s last known addressThe provisions dealing with service of claim forms are set out in Part 6.As to whether...
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9th Apr
Q&As
This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...
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9th 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 9th Apr

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