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Practice notes
Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
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Produced in partnership with Jon Chapman of Clarkslegal LLP
28th Mar
Practice notes
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
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1st Mar
Practice notes
Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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1st Mar
Practice notes
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
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1st Mar
Practice notes
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...
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2nd Mar
Practice notes
Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative...
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Produced in partnership with Mark Hubbard of New Square Chambers
28th Mar
Practice notes
Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...
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1st Mar
Practice notes
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes
The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...
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2nd Mar
Practice notes
Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers
2nd Mar
Practice notes
Drafting the particulars of claimThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
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2nd Mar
Practice notes
Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers
2nd Mar
Practice notes
Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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1st Mar
Practice notes
CPR Part 8 claims (alternative procedure for claims)This Practice Note provides guidance on the interpretation and application of the relevant...
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1st Mar

Most recent Costs and funding content

Practice notes
Guideline hourly ratesThis Practice Note considers the Guideline Hourly Rates (GHR) for civil and commercial matters. When determining the extent to...
22nd Apr
Practice notes
Interim payment on account of costs ordersThis Practice Note considers what an interim payment on account of costs is, when such an order will be made...
22nd Apr
Practice notes
Costs budgets—revision and variationThis Practice Note considers reviewing and revision/variation of a costs budget. It sets out the relevant rules,...
22nd Apr
Practice notes
Costs orders—the court's discretionThis Practice Note looks at the court’s discretion to deal with costs under the Senior Courts Act 1981 (SCA 1981)...
22nd Apr
Practice notes
Funding arrangements—solicitors regulatory requirements [Archived]ARCHIVED: This Practice Note has been archived. This Practice Note sets out the...
22nd Apr
Practice notes
Security for costs—making an applicationThis Practice Note sets out information to assist with making an application for security for costs, which...
22nd Apr
Practice notes
Costs orders—the general ruleThis Practice Note provides information on the general rule that the unsuccessful party will be ordered by the court to...
22nd Apr
Practice notes
Costs orders—effect of conduct and misconductThis Practice Note looks at the effect of a party’s conduct on both the type of costs order a court will...
17th Apr
Checklists
CFA checklist—non-personal injury agreementsA: General requirementsComplete section A for all conditional fee agreements (CFAs) except for personal...
16th Apr
Practice notes
Conditional fee agreements—success feesThis Practice Note considers success fees, a form of fee which may be payable as a consequence of a successful...
16th Apr
Practice notes
Types of conditional fee agreementsThis Practice Note considers the different types of conditional fee agreements (CFAs), highlighting specific issues...
16th Apr
Practice notes
Damages-based agreements (DBAs)What is a DBA?Section 58AA of the Courts and Legal Services Act 1990 (CLSA 1990) provides that a damages-based...
16th Apr
Precedents
Model form of order following detailed assessment and authorising a further payment to the child or protected party’s legal representatives[IN THE...
16th Apr
Precedents
Model form of summary assessment order (child or protected party)[IN THE HIGH COURT OF JUSTICE[Chancery OR King’s Bench]SENIOR COURT COSTS...
16th Apr
Precedents
Model form of approval order based on waiver for costs payable to a child or protected party[IN THE HIGH COURT OF JUSTICE[Chancery OR King’s...
16th Apr
Precedents
Precedent L—Order for detailed assessment (client)Schedule of cost precedents—Precedent LOrder on Client’s Application for Detailed Assessment of...
16th Apr
Precedents
Letter to claimant explaining a request for security for costs against a company under CPR 25.27(b)(ii)[insert name and address of client][insert...
16th Apr
Precedents
Order for security for costsThis drafting note is to assist with drafting an order providing security for costs.The order for security for costs...
16th Apr
Precedents
Schedule of costs—summary assessmentWhen providing a schedule of costs for summary assessment, the information should be set out using Court Form:...
16th Apr

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