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Latest Dispute Resolution News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

A tale of too many applications (Desporte v Bull)

The following Dispute Resolution news provides comprehensive and up to date legal information on A tale of too many applications (Desporte v Bull)

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...

Practice notes

What is a tort?

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...

Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May

Practice notes

What is a third party debt order (TPDO)?

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...

19th May

Practice notes

How to apply for a third party debt order (TPDO)

How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...

19th May

Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...

19th May

In-house

Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...

19th May

Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...

Produced in partnership with Zainab Hodgson of CMS 19th May

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

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...

19th May

Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

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 valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...

19th May

Practice notes

Fixed costs—money claims

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...

19th May

Practice notes

Witness summons

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...

19th May

COVID-19

Practice notes

Costs budgeting—completing Precedent H (costs budget)

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...

19th May

Practice notes

Contract interpretation—terms implied by law

Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...

19th May

Practice notes

The tort of procuring a breach of contract

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...

19th May

Practice notes

Documents to be served on the defendant

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...

19th May

Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

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...

19th May

Most recent Mediation content

Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

Costs consequences of refusing to mediate—key and illustrative decisionsThis Practice Note summarises the key decisions illustrating the court’s...

20th Sep

Practice notes

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...

13th Sep

Practice notes

Mediation—practical arrangements

Mediation—practical arrangementsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the...

9th Sep

Practice notes

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

Alternative Dispute Resolution (ADR)—Jackson Reforms [Archived]Note: This Practice Note is of largely historical interest.In January 2010 Lord Justice...

9th Sep

Practice notes

Small claims mediation service

Small claims mediation serviceWhat is the Mediation Service?The Mediation Service is defined in CPR 26.4A(3) as meaning the Small Claims Mediation...

9th Sep

Practice notes

Mediation—confidentiality and privilege

Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully....

9th Sep

In-house

Q&As

What practical tips are there for conducting a remote mediation?

What practical tips are there for conducting a remote mediation?Practical tips for the mediator•never move a participant without being in the room...

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

COVID-19

Q&As

What happens if we reach agreement at a remote mediation?

What happens if we reach agreement at a remote mediation?The basis on which mediations take place is usually contractual, and typically includes a...

Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep

COVID-19

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?

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...

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?

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...

9th Sep

Q&As

What are the main pros and cons of remote access mediation versus face-to-face mediation?

What are the main pros and cons of remote access mediation versus face-to-face mediation?Practising social distancing, coronavirus (COVID-19) style,...

Produced in partnership with Charles Gordon of IPOS Mediation 9th Sep

COVID-19

Q&As

Is there any specific guidance or rules on conducting remote access mediations? If so, what are they?

Is there any specific guidance or rules on conducting remote access mediations? If so, what are they?While the coronavirus (COVID-19) ‘lockdown’ has...

Produced in partnership with Harry Spurr of IPOS Mediation 9th Sep

COVID-19

Q&As

How do I secure and maintain privacy in a remote access mediation?

How do I secure and maintain privacy in a remote access mediation?Keeping your mediation discussions confidential is of course extremely...

Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep

COVID-19

Q&As

Who are the main platform providers for remote mediation and how do they differ?

Who are the main platform providers for remote mediation and how do they differ?No mainstream provider yet offers a video conferencing platform...

Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep

COVID-19

Q&As

Do you run a remote mediation in the same way as a face-to-face mediation?

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)...

Produced in partnership with Chris Fitton of IPOS Mediation 9th Sep

COVID-19

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 remote mediation?

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...

Produced in partnership with Henrietta Jackson-Stops of IPOS Mediation 9th Sep

COVID-19

Precedents

ADR Notice—ADR clause

ADR Notice—ADR clausePrivate & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert...

9th Sep

Precedents

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

Letter to client—what happens at a mediation and preparing for itPRIVATE & CONFIDENTIAL[Insert name and address of client][Insert date]Dear [Insert...

9th Sep

Precedents

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

ADR Notice—no ADR clause or dispute not contract-based[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation...

9th Sep

Practice notes

Costs sanctions for refusal to mediate

Costs sanctions for refusal to mediateThis Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation....

19th Aug

Mediation

View Dispute Resolution by content type:

Latest Dispute Resolution News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

A tale of too many applications (Desporte v Bull)

End of insolvency temporary provisions—introduction of new temporary provisions

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Submission of no case to answer

The doctrine of res judicata

Serving outside the jurisdiction with court permission—application and order

Most recent Mediation content

Popular documents

Admissibility of hearsay evidence in criminal proceedings

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

PRA Rulebook—introduction for the insurance and reinsurance sector

Perverting the course of justice

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