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Latest Dispute Resolution News

Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

The following Dispute Resolution news provides comprehensive and up to date legal information on Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

The following Dispute Resolution news provides comprehensive and up to date legal information on Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

Court of Appeal strikes out Quincecare and dishonest assistance claims (Stanford v HSBC)

Court of Appeal strikes out Quincecare and dishonest assistance claims (Stanford v HSBC)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal strikes out Quincecare and dishonest assistance claims (Stanford v HSBC)

Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

The following Corporate Crime news provides comprehensive and up to date legal information on Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

Featured Dispute Resolution content

Promissory estoppel

Promissory estoppel

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...

Privilege—joint and common interest privilege

Privilege—joint and common interest privilege

This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...

The doctrine of merger in judgment

The doctrine of merger in judgment

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...

Discharge by frustration

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

Practice notes

Court etiquette

The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes

Economic tort of conspiracy

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

Filing the defence

This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
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9th Nov
Practice notes

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes

Litigant in person costs—financial loss and hourly rates

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

Hague Service Convention—service outside the jurisdiction

Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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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...
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9th Nov
Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes

Charging orders—who serves interim and final charging orders?

This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
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9th Nov
Practice notes

Interest on judgment debts

This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
tag iconBrexit
Practice notes

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...
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9th Nov
Practice notes

Security for costs—requirements and conditions (CPR 25.13)

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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9th Nov
Practice notes

Unfair prejudice petition—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes

Extension of time

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
tag iconCOVID-19
Practice notes

Cost orders—interest

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 Mediation content

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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19th Apr
tag iconIn-house
Practice notes

Choosing a mediator

This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement,...
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15th Apr
Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

This Practice Note summarises the key decisions illustrating the court’s approach when considering whether or not to penalise a party in costs for...
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15th Apr
Precedents

ADR Notice—ADR clause

Private & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR...
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9th Apr
Precedents

Letter to client—what happens at a mediation and preparing for it

PRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert name of client][insert case heading]This letter sets out a summary...
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9th Apr
Precedents

ADR Notice—no ADR clause or dispute not contract-based

[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR NoticeOur respective...
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9th Apr
Practice notes

Mediation costs—liability and recovery

This Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may include, how they are set and how and...
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8th Apr
Practice notes

Small claims mediation service

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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8th Apr
Practice notes

Mediation service pilot scheme [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The provisions in this Practice Note came to an end on Monday 31 March 2014 when...
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8th Apr
Practice notes

Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]

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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8th Apr
Practice notes

Mediation glossary

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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7th Apr
Practice notes

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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7th Apr
Practice notes

Mediation—opening presentation

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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7th Apr
Practice notes

Lawyer’s role in the mediation

This Practice Note considers:•the basis of your obligations with regard to alternative dispute resolution (ADR) generally•your obligations with regard...
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7th Apr
Practice notes

Mediation—practical arrangements

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil...
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7th Apr
Practice notes

Starting the mediation

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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7th Apr
Practice notes

Mediation—case summary and supporting documents

In readiness for the mediation, it is usual for the parties to prepare a number of documents which are to be provided to the mediator (and all...
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1st Apr
Practice notes

Conduct and liability of the mediator

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the guidance issued by the Civil...
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1st Apr
Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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31st Mar
Practice notes

Costs sanctions for refusal to mediate

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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26th Mar

Popular documents

LEXISNEXIS

Written basis of plea and Newton hearings

When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction

LEXISNEXIS

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

LEXISNEXIS

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,

LEXISNEXIS

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets