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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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9th Nov
Practice notes
A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...
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Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...
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9th Nov
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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9th Nov
Practice notes
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
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9th Nov
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov

Most recent ADR content

Practice notes
This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...
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27th Jan
Practice notes
This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the...
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27th Jan
Practice notes
The UNCITRAL Working Group II: Arbitration and Conciliation/Dispute Settlement (Working Group II) meets twice a year to debate and progress...
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26th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note:...
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25th Jan
Practice notes
Note: some of the guidance in this Practice Note was developed from content originally produced in partnership with Professor Robert Merkin and CMS....
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25th Jan
Practice notes
Arbitration is a popular mechanism for resolving international commercial disputes. This Practice Note considers the key features that distinguish...
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25th Jan
Practice notes
This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and...
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Produced in partnership with Simmons & Simmons LLP 19th Jan
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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18th Jan
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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18th Jan
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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18th Jan
Practice notes
This Practice Note provides an introduction to some of the key features of international arbitration. Practice Note: Arbitration—an introduction to...
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Produced in partnership with Thirty Nine Essex Street 18th Jan
Practice notes
STOP PRESS: This Practice Note is being reviewed in light of IS Prime Ltd v TF Global Markets (UK) Ltd and other companies [2020] EWHC 3375 (Comm) and...
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Produced in partnership with Professor Robert Merkin, Leigh-Ann Mulcahy QC and Tetyana Nesterchuk of Fountain Court Chambers 18th Jan
Practice notes
This Practice Note considers the potentially broad role of in-house legal counsel in international arbitration proceedings and related matters.The...
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Produced in partnership with Professor Ugo Draetta 18th Jan
Practice notes
This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of alternative...
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Produced in partnership with Simmons & Simmons LLP 18th Jan
Practice notes
Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....
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Produced in partnership with Peter McQueen 18th Jan
Practice notes
What is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted...
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Produced in partnership with Simmons & Simmons LLP 18th Jan
Practice notes
Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....
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Produced in partnership with Peter McQueen 18th Jan
Practice notes
It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...
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18th Jan
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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Produced in partnership with Peter McQueen 18th Jan
Practice notes
Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final...
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18th Jan

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