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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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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
Practice notes
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
Practice notes
This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
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
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 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
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
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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9th Nov
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 guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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9th Nov
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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9th Nov
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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9th Nov
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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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Mediation content

Q&As
What are the costs recovery provisions in relation to mediations?The costs are usually split equally between the parties. This includes the cost of...
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22nd Feb
Q&As
Keeping your mediation discussions confidential is of course extremely important, not just from disclosure to the other side but also confidential...
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Produced in partnership with Chris Fitton, mediator of IPOS Mediation 13th Feb
Q&As
The basis on which mediations take place is usually contractual, and typically includes a provision to the effect that ‘any agreement reached at or...
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Produced in partnership with Chris Fitton, mediator of IPOS Mediation 11th Feb
Q&As
Practising social distancing, coronavirus (COVID-19) style, presents serious challenges for the mediation of disputes. Some brave souls may still be...
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Produced in partnership with Charles Gordon, mediator of IPOS Mediation 11th Feb
Q&As
SolicitorsIn relation to solicitors, a solicitor needs to be authorised to conclude and/or execute a settlement agreement on their client's behalf....
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11th Feb
Q&As
Practical tips for the mediator•never move a participant without being in the room with them, and announce the move clearly so they can acknowledge...
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Produced in partnership with Beverly-Ann Rogers, Jane Player, Tim Hardy and Patrick Walker, mediators of IPOS Mediation 8th Jan
Q&As
While the coronavirus (COVID-19) ‘lockdown’ has suffocated activity in many areas of normal life, those charged with responsibility for the authoring...
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Produced in partnership with Harry Spurr, mediator of IPOS Mediation 8th Jan
Q&As
The legal and contractual principles under which a video conference (VC) mediation is conducted (eg without prejudice, confidentiality, privilege etc)...
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Produced in partnership with Chris Fitton, mediator of IPOS Mediation 8th Jan
Q&As
This question is difficult to answer as it has yet to come before the court and, as all litigators know, exactly what a court is going to do is...
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Produced in partnership with Henrietta Jackson-Stops, mediator of IPOS Mediation 8th Jan
Q&As
No mainstream provider yet offers a video conferencing platform tailored specifically for conducting mediations so for now, lawyers must look at what...
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Produced in partnership with Chris Fitton, mediator of IPOS Mediation 8th Jan
Q&As
Civil litigation is increasingly focussed on alternative dispute resolution (ADR). Litigators will be familiar with directions questionnaires which...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan
Q&As
While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS...
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28th Nov

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