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Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

PI & Clinical Negligence weekly highlights—21 January 2021

The following PI & Clinical Negligence news provides comprehensive and up to date legal information on PI & Clinical Negligence weekly highlights—21 January 2021

UK application to join the Lugano Convention—hedging the risk of rejection

The following Banking & Finance news provides comprehensive and up to date legal information on UK application to join the Lugano Convention—hedging the risk of rejection

Reforms must continue after pandemic, UK courts chief says

The following Corporate Crime news provides comprehensive and up to date legal information on Reforms must continue after pandemic, UK courts chief says

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Qualified one-way costs shifting (QOCS)

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...

Pain, suffering and loss of amenity

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...

What is fundamental dishonesty?

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...

Practice notes

Psychiatric injury—secondary victims

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Smith v Manchester awards

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,...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Provisional damages

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Collateral benefits and double recovery

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...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Motor insurance

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

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Loss of congenial employment

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...

9th Nov

Practice notes

Part 36 offers in PI and clinical negligence claims

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,...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Applying for an interim payment order in personal injury claims

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...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 12th Jan

Most recent Applications—specific content

Q&As

If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?

The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that...

Produced in partnership with Ali Tabari of St Philips Chambers 21st Jan

Practice notes

Summary judgment—the hearing, orders and costs

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Strike out and summary judgment applications—how to respond

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Norwich Pharmacal orders—procedure for application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Summary judgment—principles of approach

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Strike out applications—what, who and when

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Relief from sanctions—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

COVID-19

Practice notes

Summary judgment applications—what, who and when

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Default judgment—relief from sanctions when setting aside under CPR 13.3

This Practice Note confirms that the relief from sanctions test set out in Denton v White applies when making an application to set aside a default...

18th Jan

Practice notes

Summary judgment applications—costs recovery

Claimant is successful—fixed costsWhat is the fixed costs regime?The fixed costs regime is set out in CPR 45. It provides that in certain...

18th Jan

Practice notes

Strike out—after a strike out order has been made

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Summary judgment—making the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Default judgment—late filing of the acknowledgment of service or the defence [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. For the current position, see Practice Note: Default judgment—application or...

18th Jan

Practice notes

Reference to the European Court of Justice—October 2013 changes [Archived]

This Practice Note has been archived and is not updated.From Tuesday 1 October 2013, CPR 68 is being replaced in its entirety. The rationale for this...

18th Jan

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

This Practice Note considers the requirement under CPR 13.3(2) for the defendant to make a prompt application to set aside a default judgment. The...

18th Jan

Practice notes

Norwich Pharmacal orders (NPOs)

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Reference to the European Court of Justice—observations, preliminary rulings and urgent applications

This Practice Note is for use when making a reference to the Court of Justice on or before IP completion day (31 December 2020 at 11 pm). A reference...

18th Jan

Practice notes

Default judgment—video hearings pilot scheme (ended 2019) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the video hearings pilot scheme which ran from 30...

18th Jan

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

18th Jan

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