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Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Service content

Practice notes
Serving outside the jurisdiction—serving in Scotland or Northern IrelandThis Practice Note considers service of a claim form issued by the courts of...
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5th Jun
Precedents
Witness statement in support of an application for an order declaring that the service of the Claim Form without the permission of the Court was...
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5th Jun
Precedents
Draft order—declaring that the claimant was at fault and should not have been granted permission to serve out of the jurisdictionClaim No. [insert...
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5th Jun
Precedents
Witness statement in support of application seeking an order declaring that the permission to serve out of the jurisdiction was obtained when the...
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5th Jun
Precedents
Witness statement opposing an application for an order declaring that the service of the claim form without the permission of the court was...
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5th Jun
Precedents
Witness statement in response to an application seeking an order declaring that the permission to serve out of the jurisdiction was obtained when the...
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5th Jun
Precedents
Draft order declaring that the service of the claim form without the permission of the court was ineffectiveClaim No. [insert claim number].[IN THE...
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5th Jun
Precedents
Drafting note for application notice seeking an order declaring that the permission to serve out of the jurisdiction was obtained when the claimant...
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5th Jun
Precedents
Drafting note for application notice seeking an order declaring that the service of the claim form without the permission of the court was...
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5th Jun
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

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