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Latest Dispute Resolution News

Intervening bankruptcy prevents decision on third party debt orders (Michael Wilson v Sinclair)

The following Dispute Resolution news provides comprehensive and up to date legal information on Intervening bankruptcy prevents decision on third party debt orders (Michael Wilson v Sinclair)

Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

The following Dispute Resolution news provides comprehensive and up to date legal information on Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

The following Commercial news provides comprehensive and up to date legal information on Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

Featured Dispute Resolution content

Civil fraud—dishonesty and standard of proof

This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...

Nuisance—what are public and private nuisance claims?

Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...

Security for costs—requirements and conditions (CPR 25.13)

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

Strike out—after a strike out order has been made

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

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

Precedents

Drafting note for application notice to extend time for filing the defence

Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...

9th Nov

COVID-19

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

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

Preparing trial bundles

Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...

9th Nov

In-house

Practice notes

Fixed costs—fast track trial costs

This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...

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

Single joint experts

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

Filing the defence

This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...

9th Nov

Practice notes

Case management—court's powers—Dispute Resolution

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

Wasted costs orders

What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...

9th Nov

Practice notes

Interim applications—costs recovery

Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...

9th Nov

Practice notes

Privilege—joint and common interest privilege

This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...

9th Nov

In-house

Practice notes

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

9th Nov

Practice notes

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...

Produced in partnership with Sri Carmichael of Hardwicke 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

Most recent Claims and remedies content

Q&As

Who pays the legal costs in the event of a shareholders' dispute? Can the company pay?

Who pays the legal costs in the event of a shareholders' dispute? Can the company pay?This Q&A considers who is liable to pay the legal costs of a...

12th May

Practice notes

Managing personal data breaches

Managing personal data breachesData security is a cornerstone of the UK General Data Protection Regulation (UK GDPR). The sixth data protection...

12th May

Q&As

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data protection and privacy requirements, particularly in respect of using video conferencing technology for hearings? What are your thoughts on (a) concerns regarding privacy in video hearings eg participants’ homes, (b) privacy issues surrounding platform security, (c) the management of public access to video hearings, (d) the management of new GDPR/Data Protection Act issues and compliance (eg who is recording hearings, what measures are the court putting in place for data security, GDPR obligations such as data minimisation etc)?

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data...

Produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP 12th May

COVID-19

Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false)...

12th May

Practice notes

Deepfakes

DeepfakesThis Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...

Produced in partnership with Kelsey Farish of DAC Beachcroft 12th May

Practice notes

Offences under the Data Protection Act 2018

Offences under the Data Protection Act 2018IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...

Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 12th May

Practice notes

ICO enforcement—database

ICO enforcement—databaseIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

12th May

Practice notes

Claims for rectification

Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...

12th May

Practice notes

UK GDPR and EU GDPR—sanctions and enforcement

UK GDPR and EU GDPR—sanctions and enforcementOn 31 January 2020, the UK ceased to be an EU Member State and entered a Brexit implementation period....

12th May

Practice notes

The Data Protection Act 2018

The Data Protection Act 2018The Data Protection Act 2018 (DPA 2018) came into force on 25 May 2018. As first enacted it introduced four distinct data...

12th May

Brexit

In-house

Practice notes

Claims against directors—key considerations for dispute resolution practitioners

Claims against directors—key considerations for dispute resolution practitionersThis Practice Note outlines some of the key considerations when...

12th May

Practice notes

Discharge by frustration

Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...

11th May

COVID-19

In-house

Practice notes

Frustration—key and illustrative decisions

Frustration—key and illustrative decisionsFrustration is a doctrine in English law comprising a common law right to terminate a contract where a...

11th May

COVID-19

Practice notes

Civil fraud—heads of claim

Civil fraud—heads of claimThis Practice Note on civil fraud (commercial fraud) summarises the main heads of claim (causes of action in fraud) which...

11th May

Practice notes

Starting a civil fraud claim—a practical guide

Starting a civil fraud claim—a practical guideBrexit: The UK's departure from the EU has implications for practitioners in a number of areas covered...

Produced in partnership with Arish Bharucha and Elizabeth Meade of Cooke Young and Keidan LLP 11th May

Practice notes

Civil fraud—dishonesty and standard of proof

Civil fraud—dishonesty and standard of proofThis Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud....

11th May

Practice notes

Negligence claims—key and illustrative decisions

Negligence claims—key and illustrative decisionsThe general principles applicable in negligence claims cases as to existence and standard of the duty...

11th May

Practice notes

UK GDPR and EU GDPR—extra-territorial reach

UK GDPR and EU GDPR—extra-territorial reachOn 31 January 2020, the UK ceased to be an EU Member State and entered the Brexit implementation period....

11th May

Q&As

In contract law, is there case law or an equitable principle that takes into account unforeseen circumstances in exercising a right to terminate? For example, where an individual suffers an illness and is unable to cancel within 30 days but later cancels once they have recovered.

This Q&A assumes that the contract to be terminated is between businesses (B2B).For guidance on considerations on the termination of B2C contracts,...

11th May

Practice notes