Construction disputes

Q&As

Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs incurred by the unauthorised individual be recovered by the litigant in person? Does legal professional privilege apply as between a litigant in person and the unauthorised individual?

The potential breach of the Legal Services Act 2007 (LSA 2007)The ‘conduct of litigation’ is a reserved legal activity for the purposes of the Legal...

Produced in partnership with Alex Bagnall of Total Legal Solutions 13th Feb

Q&As

What is the process for out of jurisdiction court proceedings where a debtor now resides in Cyprus, and how can an English judgment be enforced there?

This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in...

13th Feb

Q&As

I understand that the UK and the EU Commission have taken conflicting stances to the application of the Hague Convention on Choice of Court Agreements after 31 December 2020 to the UK. What impact is this likely to have in UK proceedings?

For the purposes of this Q&A we have assumed that the UK does not accede to the Lugano Convention. If the UK does become party to the Lugano...

13th Feb

Brexit

Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...

13th Feb

Practice notes

Settling disputes—what, when and why settle?

Brexit: The UK's departure from the EU has implications for practitioners when dealing with cross border mediations. For guidance, see Practice Note:...

Produced in partnership with Helen Swaffield of Contract Law Chambers 13th Feb

Practice notes

Comparison of forms of ADR and litigation

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...

13th Feb

Q&As

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

This Q&A assumes that none of the parties are a litigant in person, child or patient.An order for costs is a judgment like any other. It therefore...

Produced in partnership with Alex Bagnall of Total Legal Solutions 12th Feb

Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Feb

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Feb

Precedents

Pre-trial review questionnaire (TCC Court Guide, Appendix C)

Precedent Pre-trial review questionnaire (TCC Court Guide, Appendix C) is the court form

11th Feb

Q&As

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

CPR PD 51U sets out the new Disclosure Pilot that applies to certain claims issued in the Business and Property Courts of England and Wales.At CPR PD...

11th Feb

Q&As

If a claimant accepts a defendant Part 36 offer pre-action but the parties fail to agree costs, what does the claimant need to do seek recovery of its costs?

The Part 36 regime is a self-contained code which allows parties to make offers of settlement that are without prejudice save as to costs. Such offers...

Produced in partnership with Ryan Turner of Lamb Chambers 11th Feb

Precedents

Case Management Directions Form (TCC Court Guide, Appendix B)

Action no HT-................................ [Insert name of judge in title of order][Delete or amend the following directions, as appropriate to the...

11th Feb

Precedents

Draft Court Settlement Order (TCC Court Guide, Appendix G)

1The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge...

11th Feb

Q&As

In a costs budget, how should I deal with costs that have already been summarily assessed?

This Q&A considers how are costs that have already been summarily assessed to be dealt with. Should they be excluded on the basis that a costs order...

Produced in partnership with James Tunley of Lamb Chambers 11th Feb

Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

General guidance regarding the implications of coronavirus (COVID-19) on dispute resolution can be found in Practice Note: Coronavirus (COVID-19)...

Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 11th Feb

COVID-19

Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...

Produced in partnership with James Tunley of Lamb Chambers 11th Feb

COVID-19

Q&As

Where one page of an expert report is disclosed pre-action, is privilege waived and the receiving party entitled to see the complete report?

There is no general rule that all expert evidence is disclosable regardless of privilege (see Practice Note: Expert reports, in particular the section...

11th Feb

Q&As

If a Part 36 offer that has been received does not satisfy the conditions of Part 36 itself and is not marked ‘without prejudice’, will the document be presumed to be privileged or may it be disclosed to the court?

This Q&A states the position as at 6 June 2019.Defective Part 36 offersCPR 36 is a ‘self-contained procedural code’. An offer made in accordance with...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 11th Feb

Q&As

Where a claim form is served on a defendant at their address by post while they are out of the country on extended holiday and is therefore unaware of the claim and is unable to file an acknowledgment of service in time, and default judgment is subsequently entered against them, is this classed as a wrongly entered judgment? If so, is there an obligation on the claimant to get the judgment set aside or consent to it being set aside?

From the question, we assume that the claim form has been correctly served in accordance with CPR 6 and in this event it is entirely possible that a...

Produced in partnership with Philip Roberts of Clarke Wilmott LLP 11th Feb

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