About 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?
Civil litigation costs and funding
Make use of our costs recovery toolkit, precedents practice notes, and completing costs budget checklist. As well as funding arrangements guidance, principles of costs recovery, costs budgeting and management.
Starting and progressing a civil claim
Choose from checklists, practice notes, flowcharts and precedents to help you understand and apply to your practice to all relevant provisions and obligations – and avoid consequences for non-compliance.
Starting and progressing a civil claim
Checklists and practice notes on areas like debt claims, corporate disputes, and civil fraud to make sure you’re familiar with the particular procedural provisions governing a dispute and the underlying substantive law.
Dispute Resolution Guidance
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?
Topics We Cover
Latest Dispute Resolution News
Dispute Resolution analysis: The High Court has refused to enforce part of a multi-million dollar US judgment because it fell within the definition of...
This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including...
Tax analysis: The Upper Tribunal (UT) rejected a taxpayer’s application for permanent anonymity, following the taxpayer's decision to withdraw their...
Portland's 2024 Litigation and Disputes report reveals significant shifts in the UK's perception of class actions and ESG litigation. While public...
IP analysis: The High Court granted Samherji’s application for summary judgment in respect of its claims for passing off, copyright infringement and...
Latest Dispute Resolution Practice Notes
Dispute Resolution—pilot schemes which have endedThis Tracker provides a summary of pilot schemes in the civil courts which have ended. For...
Tracker—pilot schemes—Dispute ResolutionThis Tracker provides a summary of current pilot schemes which are in force in the civil courts. For...
Small claims track—case managementThis Practice Note considers specific case management provisions for cases allocated to and proceeding on the small...
Legal professional privilege—cases decided from 2020This Practice Note lists cases decided in and since 2020 in the field of legal professional...
Civil contempt proceedings—sentencing and costsThis Practice Note examines the principles and purposes of sentencing in contempt cases following a...
Latest Dispute Resolution Precedents
Order for specific disclosureClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Part 36—letter to client about making a Part 36 offerNote, that this Precedent and drafting note does not cover CPR 36 provisions that relate...
DBA risk assessment—general litigation and advocacyA: General informationMatter referenceClient nameDate of cause of actionType of claim[Insert, eg...
Letter serving particulars of claim or defence under Business and Property Courts disclosure scheme[Insert name and address of recipient][Insert...
Letter to client about disclosure under the Business and Property Courts disclosure schemePRIVATE, CONFIDENTIAL & PRIVILEGED[Insert name and address...
Latest Dispute Resolution Q&As
Featured Dispute Resolution content
Rescission of a contract
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicata
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Negligence—key elements to establish a negligence claim
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Tort—the different types of tort
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
Novation—why and how to novate a contract
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...
Reserved judgments
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...
Negligence—when does a duty of care arise?
Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
Discharge by frustration
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
Void contracts
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...
Forming enforceable contracts—consideration
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...
Derivative claim—what it is and when to use it
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...
Stay of proceedings—when can you apply to stay a claim?
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...
Negligence—when is the duty of care breached?
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...
The tort of deceit
The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...
Promissory estoppel
Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...
Drafting the particulars of claim
Drafting the particulars of claimThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
Proprietary estoppel
Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel...
Breach of statutory duty
Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...
Associated legal terms
Data
This term is not defined in the CPR. In normal usage it means information that has been organised and categorised for a pre-determined purpose.
Data sampling
Defined in CPR PD 31B para 5(1) as the process of checking data by identifying and checking representative individual documents
Weighted Average Cost of Capital (WACC)
A discount rate used in valuations looking at the cost of equity capital, debt capital and preferred capital.
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