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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...

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...

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...

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...

Practice notes

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...

Produced in partnership with Professor Richard A Buckley 12th 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...

9th Nov

Practice notes

Derivative claim—what it is and when to use it

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)...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Anti-suit injunctions

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...

Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 12th Jan

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ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...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

Default judgment—setting aside under CPR 13.3

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...

9th Nov

Practice notes

Relief from sanctions—the application

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

9th Nov

COVID-19

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

Conditional fee agreements—success fees

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...

9th Nov

In-house

Practice notes

Unfair prejudice petition—what it is and when to use it

What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Charging orders—who serves interim and final charging orders?

This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...

9th Nov

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

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 12th Jan

Practice notes

When is variation of a contract valid?

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...

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 TCC proceedings content

Practice notes

TCC—preparing for and attending trial

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

18th Jan

Practice notes

TCC—expert evidence

This Practice Note provides guidance on expert evidence in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and...

18th Jan

Practice notes

TCC—factual witness evidence

This Practice Note provides guidance on witness statements and factual evidence for use at trial in the Technology and Construction Court (TCC) under...

18th Jan

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

This Practice Note is an introduction to CE-File electronic working/electronic filing or e-working/e-filing in the courts under CPR PD 51O, including...

18th Jan

COVID-19

Practice notes

Hot-tubbing (Concurrent expert evidence)

What is hot-tubbing?Concurrent expert evidence ('CEE'), or 'hot-tubbing' as it is colloquially known, is a procedure at trial whereby experts in any...

18th Jan

Practice notes

TCC—starting a claim—High Court or County Court?

This Practice Note considers starting a claim in the Technology and Construction Court (TCC). In particular it examines the guidelines given in the...

18th Jan

Practice notes

TCC—eDisclosure Protocol

This Practice Note looks at the ‘eDisclosure Protocol’, the second edition of which was published on 9 January 2015, which addresses the disclosure of...

18th Jan

Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

18th Jan

Practice notes

TCC—case management

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

TCC—case management conference (CMC)

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

TCC—allocating, transferring, staying and discontinuing proceedings

This Practice Note looks at various preliminary case management issues affecting cases proceeding in the Technology and Construction Court (TCC) under...

15th Jan

Q&As

What are the rules for reply where a claim issued in the Chancery Division continues under the Business and Property Courts? What are the rules for reply where the claim has been transferred to the TCC?

Business and Property CourtsThe introduction of the Business and Property Courts (B&PCs) did not create a new court as such, rather it is a new...

15th Jan

Practice notes

ADR in the Technology and Construction Court

This Practice Note examines the involvement of the Technology and Construction Court (TCC) in alternative dispute resolution (ADR).In addition to...

6th Dec

Practice notes

TCC—costs management

Costs management in the TCCDoes formal costs management apply?The Technology and Construction Court (TCC) spans both the High Court and the County...

3rd Dec

Q&As

What is the deadline for filing the case summary?

This answer assumes no specific provision for a case summary has been made in any of the court's orders and/or case management directions in this...

28th Nov

Q&As

Neither the claimant nor the court has fixed a case management conference (CMC) in the Technology and Construction Court (TCC) County Court. Is there any obligation on them to do so? Also, will a claim in the TCC County Court be struck out if a CMC is not fixed?

It has been assumed that there are currently no directions in place for the management of the proceedings. It has also been assumed that the claim is...

28th Nov

Precedents

Draft Court Settlement Order (TCC Court Guide, Appendix G)

1The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge...

28th Nov

Precedents

Case Management information Sheet (TCC Court Guide, Appendix A)

Instructions—this Precedent is the court form itself. This can be do

28th Nov

Precedents

Draft ADR order (TCC Court Guide, Appendix E)

1By [date/time] the parties shall exchange lists of three neutral individuals who have indicated their availability to conduct a mediation or ENE or...

28th Nov

Precedents

Pre-trial review questionnaire (TCC Court Guide, Appendix C)

Precedent Pre-trial review questionnaire (TCC Court Guide, Appendix C) is the court form

28th Nov

TCC proceedings

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Latest Dispute Resolution News

Brexit—EU position on civil justice

Court rejects most of 20 data protection claims brought against an employer (Hopkins v Revenue and Customs Commissioners)

Using the GDPR in a privacy claim

New EDPB guidelines on online services and ‘performance of a contract’ basis for processing

Featured Dispute Resolution content

Tomlin orders

Novation—why and how to novate a contract

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

Quia timet injunctions

Most recent TCC proceedings content

Popular documents

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Proprietary estoppel

Foreign exchange (FX) derivatives

What is a third party debt order (TPDO)?

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