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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
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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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent ADR content

Practice notes
Court ADR schemesThis Practice Note considers the pressures on the court to encourage alternative dispute resolution (ADR) and provides detail of the...
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21st Sep
Practice notes
Costs consequences of refusing to mediate—key and illustrative decisionsThis Practice Note summarises the key decisions illustrating the court’s...
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20th Sep
Practice notes
Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...
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13th Sep
Practice notes
Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses....
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13th Sep
Practice notes
Cross-border mediationsThis Practice Note considers the different cross-border mediation regimes available to those involved in mediations. The...
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13th Sep
Practice notes
Mediation-arbitration (med-arb)—an introductionThis Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial...
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Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 13th Sep
Practice notes
Comparison of forms of ADR and litigationThis table shows the differences between litigation and the main different forms of alternative dispute...
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13th Sep
Practice notes
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
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Produced in partnership with 4 Pump Court 13th Sep
Practice notes
Drafting a dispute resolution clauseAs seen in Practice Note: Dispute resolution clauses—what and why, it is generally seen as being advantageous to...
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13th Sep
Practice notes
Early Neutral Evaluation (ENE)This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and...
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13th Sep
Practice notes
Dispute resolution clauses—what and whyWhat is a dispute resolution clause?Many commercial agreements contain what may be called a ‘dispute resolution...
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13th Sep
Practice notes
International arbitration—an introduction to the key features of international arbitrationThis Practice Note provides an introduction to some of the...
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Produced in partnership with 39 Essex Chambers 13th Sep
Practice notes
Arbitration—an introduction to the key features of arbitrationThis Practice Note provides an introduction to arbitration and its key features, with a...
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Produced in partnership with Simmons & Simmons 13th Sep
Practice notes
International arbitration clauses—ad-hocArbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in...
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Produced in partnership with Peter McQueen 10th Sep
Practice notes
Challenging an expert’s determination Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on...
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Produced in partnership with 4 Pump Court and Jill Headford of Tozers 10th Sep
Practice notes
ADR in the Court GuidesScope of this Practice NoteAs set out in Practice Note: Court guides and other guidance, the court guides seek to provide a...
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10th Sep
Practice notes
ADR—pre-action and post-commencement of court proceedingsThis Practice Note considers the relationship between alternative dispute resolution (ADR)...
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10th Sep
Practice notes
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...
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Produced in partnership with Simmons & Simmons 10th Sep
Practice notes
Mediation—practical arrangementsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the...
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9th Sep
Practice notes
Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice...
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9th Sep

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