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Latest Dispute Resolution News

Assessing damages where an offer of amends is made (Gale v Scannella)

The following Dispute Resolution news provides comprehensive and up to date legal information on Assessing damages where an offer of amends is made (Gale v Scannella)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy)

The following Dispute Resolution news provides comprehensive and up to date legal information on Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy)

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Featured Dispute Resolution content

Cost orders—interest

DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...

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...

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...

Service out of the jurisdiction—methods of effecting service

Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...

Practice notes

Restitution for unjust enrichment—elements of the claim

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...

9th Nov

In-house

Practice notes

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan

Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...

9th Nov

Practice notes

Litigant in person costs—financial loss and hourly rates

CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...

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

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Practice notes

Charging orders—what are they and when to use them—CPR 73

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...

9th Nov

Practice notes

Default judgment—general principles for setting aside

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

Applications without notice

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

9th Nov

Practice notes

Making an additional claim under CPR 20—contribution and indemnity claims

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

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Contract interpretation—the parol evidence rule

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...

9th Nov

Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Practice notes

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...

9th Nov

Practice notes

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...

9th Nov

In-house

Most recent TCC proceedings content

Practice notes

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

TCC—starting a claim—High Court or County Court?This Practice Note considers starting a claim in the Technology and Construction Court (TCC). In...

15th May

Practice notes

TCC—making an application

TCC—making an applicationThis Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks...

15th May

Practice notes

TCC—case management

TCC—case managementCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning...

15th May

Practice notes

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

CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...

15th May

COVID-19

Practice notes

TCC—allocating, transferring, staying and discontinuing proceedings

TCC—allocating, transferring, staying and discontinuing proceedingsThis Practice Note looks at various preliminary case management issues affecting...

15th May

Practice notes

Hot-tubbing (Concurrent expert evidence)

Hot-tubbing (Concurrent expert evidence) What is hot-tubbing?Concurrent expert evidence ('CEE'), or 'hot-tubbing' as it is colloquially known, is a...

15th May

Practice notes

TCC—costs management

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

15th May

Practice notes

TCC—expert evidence

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

15th May

Practice notes

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

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and...

15th May

Practice notes

TCC—preparing for and attending trial

TCC—preparing for and attending trialNote:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court...

15th May

Practice notes

TCC—case management conference (CMC)

TCC—case management conference (CMC)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...

15th May

Practice notes

TCC—factual witness evidence

TCC—factual witness evidenceThis Practice Note provides guidance on witness statements and factual evidence for use at trial in the Technology and...

15th May

Practice notes

TCC—eDisclosure Protocol

TCC—eDisclosure ProtocolThis Practice Note looks at the ‘eDisclosure Protocol’, the second edition of which was published on 9 January 2015, which...

15th May

Practice notes

ADR in the Technology and Construction Court

ADR in the Technology and Construction CourtThis Practice Note examines the involvement of the Technology and Construction Court (TCC) in alternative...

15th May

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...

9th Apr

Precedents

Case Management Directions Form (TCC Court Guide, Appendix B)

Action no HT-................................ [Insert name of judge in title of order][Delete or amend the following directions, as appropriate to the...

9th Apr

Precedents

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

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

9th Apr

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...

9th Apr

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...

11th Feb

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

TCC proceedings

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Latest Dispute Resolution News

Assessing damages where an offer of amends is made (Gale v Scannella)

Claimant recovers damages from MIB 24 years after accident—settlement approved, but amount to remain confidential (Johnson v Secretary of State for Transport and MIB)

Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy)

CPR Committee annual open meeting—14 May 2021

Featured Dispute Resolution content

Cost orders—interest

Extension of time

Foreign Limitation Periods Act 1984

Service out of the jurisdiction—methods of effecting service

Most recent TCC proceedings content

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Proprietary estoppel

What is electronic money?

Skeleton arguments

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