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DBA regulations not intended to regulate fees following early termination (Zuberi v Lexlaw)

The following Dispute Resolution news provides comprehensive and up to date legal information on DBA regulations not intended to regulate fees following early termination (Zuberi v Lexlaw)

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Dispute Resolution content

Promissory estoppel

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...

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 mean? And how...

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...

Practice notes

Summary judgment 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

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

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

Costs order—what happens when no order is made?

The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...

9th Nov

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 12th Jan

Practice notes

Economic tort of conspiracy

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...

9th Nov

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

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

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Contractual damages—non-pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

Practice notes

Limitation—latent damage

BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...

9th Nov

Practice notes

Disclosure by a non-party—Rule 31.17

This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...

9th Nov

Practice notes

Applicable law clauses

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

9th Nov

Practice notes

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...

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

Practice notes

Allocation of claims to a track

What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...

9th Nov

Most recent Civil appeals content

Practice notes

Responding to an appellant's notice—the written statement and respondent's notice

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

15th Jan

Practice notes

Dispute resolution: key appeal cases—2020

One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case law that affect their practice area, or,...

14th Jan

Practice notes

Supreme Court—general provisions and considerations

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....

14th Jan

Practice notes

Appeals—re-opening a final determination

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

12th Jan

Q&As

An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?

Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions.CPR 52.4 provides that where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jan

Q&As

When requesting permission to rely on a supplemental skeleton argument under CPR PD 52C, para 32(2), what form does that request need to take—is a formal application required or is a written request sufficient? If a written request would suffice, what form would that take? For example, would a letter addressed to the Civil Appeals Registry complying with CPR PD 52C, para 32(2) be adequate?

The timetable for preparation and filing of documents for appeals, including skeleton arguments, are set out in CPR PD 52C. The directions within CPR...

Produced in partnership with Ryan Turner of Lamb Chambers 8th Jan

Q&As

Does service of an appellant’s notice seeking permission to appeal an order for possession have the effect of automatically staying execution of the possession order so as to prevent any steps towards execution, such as transferring up the possession order for enforcement in the High Court?

The appellant’s notice seeking permission to appeal an order for possession does not automatically stay the execution of a possession order unless the...

Produced in partnership with Jane Dunlop of Clarke Willmott LLP 8th Jan

Q&As

Following judgment for a sum of money at a disposal hearing, when does the sum become payable by the defendant, and can the defendant appeal the sum ordered?

Time to payCPR 40.11 provides that:‘A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14...

Produced in partnership with David Willink of Lamb Chambers 8th Jan

Q&As

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?

During the current coronavirus (COVID-19) outbreak, it is likely that the day-to-day business of the courts will be disrupted due to, among other...

Produced in partnership with Daniel Laking of 39 Essex Chambers 8th Jan

COVID-19

Practice notes

Permission to appeal—preliminary considerations

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

7th Jan

Practice notes

Grounds for appealing and preliminary considerations

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

7th Jan

Practice notes

Grounds of appeal—appealing a finding of fact

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

5th Jan

Practice notes

Grounds of appeal—introducing new evidence

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

4th Jan

Practice notes

Varying or revoking orders—court's general power under CPR 3.1(7)

IntroductionWhile it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a...

4th Jan

COVID-19

Practice notes

Dispute resolution: key appeal cases—2018 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the key appeal cases (ie decisions of the Court of...

24th Dec

Practice notes

Dispute Resolution: key appeal cases—2016 [Archived]

Court of Appeal—professional negligenceARCHIVED: This Practice Note has been archived and is not maintained. The Court of Appeal has allowed an appeal...

24th Dec

Practice notes

Dispute Resolution: key appeal cases—2017 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for practitioners is keeping up to date with...

24th Dec

Practice notes

Dispute resolution: key appeal cases—2019 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for dispute resolution practitioners is keeping up to...

24th Dec

Practice notes

Supreme Court—completing an application for permission or notice of appeal and how to respond

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....

23rd Dec

Practice notes

Supreme Court—permission to appeal

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by the coronavirus (COVID-19) pandemic....

23rd Dec

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Civil appeals

View Dispute Resolution by content type:

Latest Dispute Resolution News

DBA regulations not intended to regulate fees following early termination (Zuberi v Lexlaw)

Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Dispute Resolution content

Promissory estoppel

What is a tort?

What is a third party debt order (TPDO)?

Forum non conveniens—scope and application

Most recent Civil appeals content

Popular documents

The doctrine of res judicata

Qualified one-way costs shifting (QOCS)

Forum non conveniens—scope and application

Notice of acting

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