Dispute Resolution

Trying to get to grips with the law underlying your dispute? Looking at trying to settle? Puzzled by costs and funding reforms? Out of your depth on jurisdiction issues?

Whatever the challenge, LexisPSL Dispute Resolution is the place to start.

Our team of experienced lawyers give you the answers you need, in a way that’s easy to digest. You get clear, concise practice notes – with direct links to the relevant judgments and legislation you need. Checklists and flowcharts to guide you through legal or procedural issues. Precedents, with practical explanations and drafting tips, to help you prepare the documents you need in less time.

Our news reports make it effortless for you to keep up to date with key developments – and understand what the practical implications for your clients will be in real terms.

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Practice notes

Precedents

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Latest Dispute Resolution News

Assessing damages where an offer of amends is made (Gale v Scannella)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessing damages where an offer of amends is made (Gale v Scannella)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy)

The following Dispute Resolution news provides comprehensive and up to date legal information on Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy)

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Featured Dispute Resolution content

Strike out for abuse of process (civil) (CPR 3.4(2)(b))

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

Civil fraud—dishonesty and standard of proof

This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...

Detailed assessment—interim and final costs certificates

What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...

The tort of procuring a breach of contract

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...

Precedents

Drafting note for application notice to extend time for filing the defence

Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...

9th Nov

COVID-19

Practice notes

Proprietary remedies (including following and tracing)

What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...

9th Nov

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

9th Nov

Practice notes

Contractual damages—non-pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

Practice notes

Challenging court jurisdiction—general principles

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...

9th Nov

Practice notes

Fixed costs—fast track trial costs

This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...

9th Nov

Practice notes

What constitutes a valid assignment of a contract?

This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...

9th Nov

In-house

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Nov

Practice notes

Claim for subrogation—a restitutionary remedy

What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...

9th Nov

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 12th Jan

Practice notes

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Produced in partnership with Professor Richard A Buckley 12th Jan

In-house

Practice notes

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Produced in partnership with Kate Temple-Mabe of 7BR 12th Jan

Practice notes

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

9th Nov

In-house

Practice notes

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...

9th Nov

In-house

Practice notes

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

9th Nov

Most recent Dispute Resolution content

Practice notes

International arbitration clauses—ad-hoc

International arbitration clauses—ad-hocArbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in...

Produced in partnership with Peter McQueen 16th May

Practice notes

AA 1996—stay of court proceedings to enable arbitration (s 9)

AA 1996—stay of court proceedings to enable arbitration (s 9)This Practice Note considers applications to the courts of England and Wales (England and...

Produced in partnership with Professor Robert Merkin, Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers 16th May

Practice notes

Comparing arbitration and ADR

Comparing arbitration and ADRThis Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

UNCITRAL Working Group II—reports

UNCITRAL Working Group II—reportsThe United Nations Commission on International Trade Law (UNCITRAL) Working Group II: Arbitration and...

16th May

Practice notes

Institutional arbitration—an introduction to the key features of institutional arbitration

Institutional arbitration—an introduction to the key features of institutional arbitrationWhat is institutional arbitration?An institutional...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

Arbitration agreements—example domestic arbitration clause (England and Wales)

Arbitration agreements—example domestic arbitration clause (England and Wales)Arbitration clauses and agreements provide for disputes to be dealt with...

Produced in partnership with Peter McQueen 16th May

Practice notes

The role of in-house counsel in international arbitration

The role of in-house counsel in international arbitrationThis Practice Note considers the potentially broad role of in-house legal counsel in...

Produced in partnership with Professor Ugo Draetta 16th May

Practice notes

Comparing international arbitration and English litigation

Comparing international arbitration and English litigationArbitration is a popular mechanism for resolving international commercial disputes. This...

16th May

Practice notes

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

Settlement in arbitration

Settlement in arbitrationSettlement negotiations in arbitrationIt will, generally speaking, be in the best interests of a party to explore all genuine...

16th May

Practice notes

Brexit—arbitration law and practice in England and Wales

Brexit—arbitration law and practice in England and WalesThis Practice Note considers key actual and potential legal and practical consequences of the...

16th May

Brexit

Practice notes

Enforcing arbitral awards in England and Wales

Enforcing arbitral awards in England and WalesNote: some of the guidance in this Practice Note was developed from content originally produced in...

16th May

Practice notes

Arbitral organisations and coronavirus (COVID-19)—practical impact

Arbitral organisations and coronavirus (COVID-19)—practical impactThe table below summarises some of the key information regarding the practical...

16th May

COVID-19

Practice notes

Arbitration—an introduction to the key features of arbitration

Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...

Produced in partnership with Simmons & Simmons 16th May

Practice notes

International arbitration clauses—example institutional clause

International arbitration clauses—example institutional clauseArbitration clauses provide for disputes to be dealt with by an appointed arbitral...

Produced in partnership with Peter McQueen 16th May

Practice notes

AA 1996—challenging and appealing arbitral awards in the English court

AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can...

16th May

Practice notes

International arbitration—an introduction to the key features of international arbitration

International arbitration—an introduction to the key features of international arbitrationThis Practice Note provides an introduction to some of the...

Produced in partnership with 39 Essex Chambers 16th May

Practice notes

Managing personal data breaches

Managing personal data breachesData security is a cornerstone of the UK General Data Protection Regulation (UK GDPR). The sixth data protection...

16th May

Practice notes

Coronavirus (COVID-19)—FCA non-damage business interruption insurance test case

Coronavirus (COVID-19)—FCA non-damage business interruption insurance test caseUnlike conventional perils such as fire or flood, an outbreak of a...

Produced in partnership with James Beeton of 12 King's Bench Walk and Cressida Mawdesley-Thomas of 12 King's Bench Walk 16th May

COVID-19

Practice notes

Implications for UK-related insurance disputes in the event of a no deal Brexit

Implications for UK-related insurance disputes in the event of a no deal BrexitIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...

Produced in partnership with Francis Walters of HFW, Carol-Ann Burton of HFW and Damian Honey of HFW 16th May

Brexit