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Court's case management powers

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Latest Dispute Resolution News

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Dispute Resolution weekly highlights—23 September 2021

Dispute Resolution weekly highlights—23 September 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—23 September 2021

Deloitte partners escape £19m claim over Barclays swaps

Deloitte partners escape £19m claim over Barclays swaps

The following Banking & Finance news provides comprehensive and up to date legal information on Deloitte partners escape £19m claim over Barclays swaps

Russian bank's £1.3bn fraud trial delayed over bankruptcy

Russian bank's £1.3bn fraud trial delayed over bankruptcy

The following Dispute Resolution news provides comprehensive and up to date legal information on Russian bank's £1.3bn fraud trial delayed over bankruptcy

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?

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 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 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

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...
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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)?

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)

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 contract

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
tag iconIn-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...
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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...
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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 13.3

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...
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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...
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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 valid?

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 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...
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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...
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19th May
tag iconCOVID-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...
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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...
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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...
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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...
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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...
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19th May

Most recent Court's case management powers content

Precedents

Standard multi-track directions—no expert evidence

Standard multi-track directions—no expert evidenceThis Precedent is the Gov.uk standard direction order template to use in multi-track cases where no...
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15th Sep
Precedents

Standard multi-track directions—single joint expert

Standard multi-track directions—single joint expertThis Precedent is the Gov.uk standard direction order template to use in multi-track cases where...
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15th Sep
Precedents

Standard direction order templates and model paragraphs for multi-track cases

Standard direction order templates and model paragraphs for multi-track casesThis Precedent and Drafting Note provide guidance on the additional or...
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15th Sep
Practice notes

Directions questionnaires

Directions questionnairesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...
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15th Sep
Practice notes

Discontinuance of a claim

Discontinuance of a claimWhat is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has...
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14th Sep
Precedents

Letter to client explaining case management conference (CMC)

Letter to client explaining case management conference (CMC)Dear [client name][insert reference]—case management conferenceAs you are aware, a case...
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14th Sep
Precedents

Business and Property Courts Birmingham—directions template

Business and Property Courts Birmingham—directions templateIN THE HIGH COURT OF JUSTICEClaim No:BUSINESS AND PROPERTY COURTS IN BIRMINGHAM[FINANCIAL...
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14th Sep
Precedents

Pre case management conference order—Leeds courts

Pre case management conference order—Leeds courtsCLAIM NO:[IN THE LEEDS COUNTY COURT][IN THE HIGH COURT OF JUSTICE][INSERT] DIVISIONLEEDS DISTRICT...
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14th Sep
Practice notes

Litigants in person—case management and relief from sanctions

Litigants in person—case management and relief from sanctionsThis Practice Note provides guidance on the interpretation and application of the...
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Produced in partnership with Phil Roberts of Clarke Willmott 13th Sep
Practice notes

Case management—court's powers—Dispute Resolution

Case management—court's powers—Dispute ResolutionThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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13th Sep
Practice notes

Dispute resolution—preliminary issues and split trials—key and illustrative decisions

Dispute resolution—preliminary issues and split trials—key and illustrative decisionsThis Practice Note should be considered in conjunction with...
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10th Sep
Practice notes

Adding (joinder) and substituting parties

Adding (joinder) and substituting partiesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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9th Sep
Practice notes

Dispute resolution—preliminary issues and split trials

Dispute resolution—preliminary issues and split trialsThis Practice Note provides guidance on the interpretation and application of the relevant...
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9th Sep
Practice notes

Case management—compliance

Case management—complianceWhat is compliance?Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders...
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9th Sep
Q&As

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial...
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9th Sep
Q&As

Do you have a precedent for making an application to the court for permission to add a party to proceedings under Part 19 of the CPR?

Do you have a precedent for making an application to the court for permission to add a party to proceedings under Part 19 of the CPR?We do not have a...
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9th Sep
Q&As

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?

How do you challenge or appeal a decision to take a hearing out of a list against the wishes of the parties?Court’s case management powersThe court's...
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9th Sep
Q&As

Do I need to serve a notice of discontinuance if I have issued proceedings but not served?

Do I need to serve a notice of discontinuance if I have issued proceedings but not served?CPR Part 38 sets out the procedure by which a claimant may...
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Produced in partnership with Leigh Callaway of Fladgate 9th Sep
Q&As

Does the court have a duty to dispose of cases as soon as possible?

Does the court have a duty to dispose of cases as soon as possible?This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules...
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9th Sep
Q&As

I want to seek the court’s permission to order a preliminary issue on a discrete point. How do I make such an application and when would be the best time to do so? If I want the issue to be considered at the first case management conference, do I still need to issue a formal application notice and pay a court fee?

I want to seek the court’s permission to order a preliminary issue on a discrete point. How do I make such an application and when would be the best...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 9th Sep

Popular documents

Defects liability period and rectification of defects

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Escrow accounts and escrow agreements

Escrow accounts and escrow agreements

Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions