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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 Mediation content

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
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
Practice notes
Small claims mediation serviceWhat is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation...
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9th Sep
Practice notes
Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully....
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9th Sep
Q&As
What practical tips are there for conducting a remote mediation?Practical tips for the mediator•never move a participant without being in the room...
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Produced in partnership with Beverly-Ann Rogers of IPOS Mediation, Jane Player of Independent Mediators, Tim Hardy FCIArb of IPOS Mediation and Patrick Walker of IPOS Mediation 9th Sep
Q&As
What happens if we reach agreement at a remote mediation?The basis on which mediations take place is usually contractual, and typically includes a...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Where parties live a significant distance from one another, are they still expected to engage in mediation and if so, how and where?Civil litigation...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 9th Sep
Q&As
Is there any authority for a party suffering costs sanctions where they have mediated, but made no reasonable offer on a WPSATC?While the court cannot...
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9th Sep
Q&As
What are the main pros and cons of remote access mediation versus face-to-face mediation?Practising social distancing, coronavirus (COVID-19) style,...
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Produced in partnership with Charles Gordon of IPOS Mediation 9th Sep
Q&As
Is there any specific guidance or rules on conducting remote access mediations? If so, what are they?While the coronavirus (COVID-19) ‘lockdown’ has...
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Produced in partnership with Harry Spurr of IPOS Mediation 9th Sep
Q&As
How do I secure and maintain privacy in a remote access mediation?Keeping your mediation discussions confidential is of course extremely...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Who are the main platform providers for remote mediation and how do they differ?No mainstream provider yet offers a video conferencing platform...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Do you run a remote mediation in the same way as a face-to-face mediation?The legal and contractual principles under which a video conference (VC)...
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Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep
Q&As
Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a...
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Produced in partnership with Henrietta Jackson-Stops of IPOS Mediation 9th Sep
Precedents
ADR Notice—ADR clausePrivate & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert...
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9th Sep
Precedents
Letter to client—what happens at a mediation and preparing for itPRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert...
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9th Sep
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...
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9th Sep
Practice notes
Costs sanctions for refusal to mediateThis Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation....
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19th Aug

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