Applicable law (UK regime)

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Practice notes
Cause of action estoppelCause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In...
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Produced in partnership with Jack Mitchell of Old Square Chambers 19th May
Practice notes
Quantum meruit (value of services) and quantum valebat (value of goods)When is quantum meruit and quantum valebat relevant?Claims in quantum meruit...
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19th May
Practice notes
What constitutes a valid assignment of a contract?This Practice Note identifies what can be transferred when assigning a contract and how to effect a...
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19th May
Practice notes
Norwich Pharmacal orders—procedure for applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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19th May
Precedents
The list of documents should generally be completed on Form N265 (List of documents: standard disclosure). However, different forms apply depending on...
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19th May
Practice notes
Litigant in person costs—financial loss and hourly ratesCPR 46.5(4) sets out how the costs will be calculated and this is either by reference...
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19th May
Practice notes
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
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19th May
Practice notes
Costs budgets—filing and exchangeCoronavirus (COVID-19): When filing and exchanging a costs budget the timing maybe affected by the impact of...
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19th May
Practice notes
Charging orders—hearing to determine whether to make an interim charging order finalThis Practice Note considers the procedure in relation to...
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19th May
Precedents
Any application for relief from sanctions may be an additional or alternative application to some other form of relief eg permission to rely on the...
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19th May
Practice notes
Disclosure—preparing the list of documentsImportant note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is...
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19th May
Practice notes
Tracker—changes to CPR 6 and practice direction 6BThe Civil Procedure (Amendment) Rules 2021—new rule 6.33(2B)(b)The Civil Procedure (Amendment) Rules...
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19th May
Q&As
When determining the deemed date of service under CPR 6.26, does the clear day rule in CPR 2.8 need to be applied?This Q&A refers to service of a...
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19th May
Practice notes
Costs orders—Sanderson and Bullock ordersSanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 19th May
Precedents
General pointsAn application for a search order should be made using Form N244 (or Form N244(CC) if in the Commercial Court), see:•Application notice...
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19th May

Most recent Applicable law (UK regime) content

Practice notes
Retained Rome II—the general rule and displacing the general rule This Practice Note is for use when determining applicable law in the courts of...
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27th Jul
Practice notes
Brexit post implementation period—considerations for dispute resolution practitionersThis Practice Note addresses the implications of the UK leaving...
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23rd Jul
Practice notes
Brexit implementation period—applicable law [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...
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28th Jun
Q&As
Where a UK company makes a loan to its non-UK subsidiary, what is the governing law of that loan agreement in circumstances where there is no...
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5th Jun
Q&As
In a contractual dispute between a UK (English) company and a company based in the Isle of Man, what is the applicable law and what is the...
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5th Jun
Practice notes
Retained Rome II—application and interpretationThis Practice Note is for use when determining applicable law in the courts of England and Wales...
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5th Jun
Practice notes
Applicable law—common law (tort)TerminologyThe choice of law being determined under common law for tort claim using the following terminology:•lex...
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5th Jun
Practice notes
Retained Rome II—special rulesThis Practice Note is for use when determining applicable law in the courts of England and Wales in respect of events...
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5th Jun
Practice notes
Contracts (Applicable Law) Act 1990—application and interpretationThis Practice Note considers the application and scope of the Contracts (Applicable...
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5th Jun
Practice notes
Retained Rome I—parties fail to choose the applicable lawThis Practice Note is for use when determining applicable law where the contract was entered...
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5th Jun
Practice notes
Retained Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or after 1...
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5th Jun
Practice notes
Applicable law—Part III of Private International Law (Miscellaneous Provisions) Act 1995 (tort)This Practice Note only applies to issues relating to...
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5th Jun
Practice notes
Applicable law—common law (contract)This Practice Note sets out when the common law applies in respect of contract claims. It considers what the...
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5th Jun
Practice notes
Retained Rome I—application and interpretationThis Practice Note is for use when determining applicable law where the contract was entered into on or...
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5th Jun
Practice notes
Contracts (Applicable Law) Act 1990—applicable law chosen by the partiesThis Practice Note explains the scope of the applicable/governing law under...
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5th Jun
Practice notes
Contracts (Applicable Law) Act 1990—parties fail to choose the applicable lawThis Practice Note considers the application of the applicable law regime...
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5th Jun
Practice notes
Retained Rome I—scope and exclusionsThis Practice Note is for use when determining applicable law where the contract was entered into on or after 1...
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5th Jun
Practice notes
Retained Rome I—contracts of carriage (art 5)This Practice Note is for use when determining applicable law where the contract was entered into on or...
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5th Jun
Practice notes
Retained Rome I—insurance contracts (art 7)This Practice Note is for use when determining applicable law where the contract was entered into on or...
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Produced in partnership with Mark Pring of Reed Smith 5th Jun
Practice notes
Retained Rome I—consumer contracts (Art 6)This Practice Note is for use when determining applicable law where the contract was entered into on or...
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5th Jun

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