9 Stone Buildings

This Practice Note, produced in partnership with Paul Wright of Selborne Chambers, considers summary judgment under CPR 24 (which decides a litigation claim or issue in a claim without a trial) and strike out under CPR 3.4 (which can result in a litigation party’s statement of case being struck out, either in full or in part, effectively bringing the substantive proceedings to an end). It briefly sets out who can apply for summary judgment and/or strike out, when such an application should be made, whether a party is restricted from making application in any particular circumstances, the court’s power to make an order on its own initiative and challenging orders made on the court’s own initiative.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for a claim for money had and received. A claim for money had and received is one of the categories of case where the law does not permit one party to be unjustly enriched by keeping a benefit obtained from another.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages under the Misrepresentation Act 1967 for a continuing representation becoming false by alteration of circumstances. Damages are available where the misrepresentation has caused the innocent party loss.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for negligent misstatement by a bank.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for fraudulent misrepresentation. If fraudulent misrepresentation is established, the innocent party is entitled to rescind the contract and claim damages.

This Precedent, produced in partnership with Paul Wright of 9 Stone Buildings, is a notice of funding which had to be served on another party in litigation where a conditional fee agreement (CFA) was entered into before 6 April 2016 in respect of insolvency proceedings and where the party entering into the CFA wished to recover an additional liability from the other party, including any after-the-event insurance premium. It has been archived and is not maintained..