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Dispute Resolution weekly highlights—21 January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—21 January 2021

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

The following Dispute Resolution news provides comprehensive and up to date legal information on Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

Hague Judgments Convention unlikely to prompt sea change away from arbitration

The following Arbitration news provides comprehensive and up to date legal information on Hague Judgments Convention unlikely to prompt sea change away from arbitration

Featured Dispute Resolution content

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Skeleton arguments

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

Practice notes

Witness summons

Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....

9th Nov

COVID-19

Practice notes

Tort claims—causation in law

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...

Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan

Practice notes

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Nov

In-house

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...

9th Nov

Practice notes

Strike out applications—what, who and when

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Precedents

Particulars of claim—breach of contract

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

9th Nov

Practice notes

Detailed assessment—default costs certificate

The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...

9th Nov

Practice notes

Misrepresentation—rescission as a remedy

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...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

Application of the decision in Owusu v Jackson—key and illustrative decisions

This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...

9th Nov

Practice notes

Limitation—professional negligence claims

This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...

9th Nov

Practice notes

Model ADR clauses

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...

9th Nov

Practice notes

Proprietary remedies (including following and tracing)

What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...

9th Nov

Practice notes

Contract interpretation—terms implied by custom and usage

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

9th Nov

Practice notes

Protective costs orders

Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...

9th Nov

Most recent Case management content

Practice notes

Civil contempt proceedings—confiscation of assets (‘writs of sequestration’)

Note: this Practice Note is relevant only to proceedings for contempt of court as considered under CPR 81 in force with effect from 1 October 2020 and...

Produced in partnership with Richard Shepherd of Albion Chambers 21st Jan

Practice notes

Civil contempt proceedings—evidence and the hearing

Note: this Practice Note is relevant only to proceedings for contempt of court as considered under CPR 81 in force with effect from 1 October 2020 and...

Produced in partnership with Richard Shepherd of Albion Chambers 21st Jan

Practice notes

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 identifies scenarios in which a party may apply for a stay of...

20th Jan

Practice notes

Adding (joinder) and substituting parties

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

20th Jan

Practice notes

Collective proceedings in the Competition Appeal Tribunal

Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...

Produced in partnership with Constantine Cannon LLP 19th Jan

Q&As

Where a case proceeds in the small claims track, what is the process for a party to make an amendment to their statement of case—is this governed by the usual rules under CPR 17?

The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...

Produced in partnership with James Tunley of Lamb Chambers 18th Jan

Q&As

What provisions of the CPR and case law could be cited where a claimant opposes a defendant’s application to amend its defence, issue a counterclaim and vacate the trial, where the application was made two months before trial, is to be heard a month before trial and the defendant has previously breached every directions order and does not have a reasonable chance of success at trial?

Amending statement of caseA party can amend its statement of case, as defined in CPR 2.3(1):•at any time before it has been served on any other party...

18th Jan

Q&As

A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?

The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can...

Produced in partnership with David Willink of Lamb Chambers 18th Jan

Q&As

Does a party to proceedings have to notify the court that they have changed their name by deed poll and, if so, how is the court to be notified?

It has been assumed this Q&A refers to a civil claim.CPR PD 16, para 2.1 provides that:‘The claim form must be headed with the title of the...

18th Jan

Q&As

When and how may I change a party name?

Do you need to:•amend a party's name in a statement of case to correct an mistake as to the party's name, or•add or substitute a new party or parties...

18th Jan

Q&As

How do I substitute a deceased defendant with his executor in civil proceedings after the limitation period has expired? Do I require the court’s permission?

Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)Under CPR 19.4(1), the court's permission is required to remove,...

18th Jan

Practice notes

Relief from sanctions—the courts’ approach

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Statements of case in the Commercial Court

References to the Guide are to the Commercial Court Guide.This Practice Note should be read in conjunction with Practice Notes:•Claim form—the...

18th 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...

18th Jan

COVID-19

Practice notes

The Financial List—starting and transferring claims

What is the Financial List?The Financial List is a specialist list in the High Court which came into force on 1 October 2015 to deal with complex...

18th Jan

Precedents

Model paragraphs for standard multi-track directions

This Precedent and Drafting Note provide guidance on key model directions from the justice.gov.uk website’s ‘menu of model paragraphs’. They should be...

18th Jan

Practice notes

Discontinuance of a claim

What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A...

18th Jan

Practice notes

Allocation questionnaire (before April 2013) [Archived]

ARCHIVED: NOTE: SAVE FOR WHERE A DEFENCE HAS BEEN RECEIVED BEFORE 1 APRIL 2013, THIS PRACTICE NOTE IS FOR HISTORICAL PURPOSES ONLY. For guidance on...

18th Jan

Practice notes