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Practice notes
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...
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28th Oct
Practice notes
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
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23rd Oct
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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23rd Oct
Practice notes
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...
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Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 22nd Oct
Practice notes
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 1st Oct
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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28th Sep
Practice notes
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...
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28th Sep
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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26th Sep
Practice notes
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
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26th Sep
Practice notes
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
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26th Sep
Practice notes
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...
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26th Sep
Practice notes
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
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26th Sep
Practice notes
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...
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25th Sep
Practice notes
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...
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25th Sep
Practice notes
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...
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25th Sep
Practice notes
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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25th Sep

Most recent ADR content

Practice notes
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
Features of an executive tribunal or 'mini-trial'The executive tribunal (sometimes also called a mini-trial or supervised settlement procedure):•a...
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25th Sep
Practice notes
The opening presentations will be made by each party in a joint meeting at the beginning of the mediation, for further detail of how mediations may...
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25th Sep
Practice notes
This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and...
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25th Sep
Practice notes
Expert determination is a form of alternative dispute resolution (ADR).This Practice Note provides guidance on when an expert’s determination may be...
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25th Sep
Practice notes
This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border...
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25th Sep
Practice notes
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering cross border issues...
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25th Sep
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering settlement to determine a...
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25th Sep
Practice notes
Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitrationADR clause/notice—a clause in a contract...
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25th Sep
Practice notes
This Practice Note covers the situation where the UK and the EU do not reach any agreement regarding settlement processes following the UK leaving the...
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25th Sep
Practice notes
The UNCITRAL Working Group II: Arbitration and Conciliation/Dispute Settlement meets twice a year to debate and progress pre-determined...
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25th Sep
Practice notes
Arbitration clauses and agreements provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and...
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25th Sep
Practice notes
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be resolved. A...
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25th Sep
Practice notes
Increasingly over the past decade, commercial contracts contain a provision stating that should a dispute arise out of the contract, the parties will...
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25th Sep
Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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25th Sep
Practice notes
This Practice Note covers how to initiate a mediation. It considers contractual disputes where the contract contains a mediation or alternative...
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25th Sep
Practice notes
What is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation Service. This is a service...
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25th Sep

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