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Practice notes
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...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...
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Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
Practice notes
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K & L Gates 12th Jan
Practice notes
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...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
Precedents
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...
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9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov

Most recent Corporate disputes content

Practice notes
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...
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19th Jan
Practice notes
This Practice Note identifies the key factors you should consider when advising a client where an issue or potential dispute has arisen in the...
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Produced in partnership with John Gilbert at Bracewell 18th Jan
Practice notes
This Practice Note identifies the key practical considerations when faced with a potential joint venture (JV) dispute. It is relevant to all forms of...
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Produced in partnership with John Gilbert at Bracewell 18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan
Practice notes
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)...
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Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan
Practice notes
This Practice Note summarises a number of key and/or illustrative cases relevant to the rule against reflective loss.For further guidance on the...
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18th Jan
Practice notes
This Practice Note identifies, from a practical perspective, the initial factors to consider where an irreconcilable conflict arises between parties...
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Produced in partnership with John Gilbert at Bracewell 18th Jan
Practice notes
This Practice Note considers how to pursue a breach of warranty claim in the context of warranties provided in a sale and purchase agreement (SPA)...
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18th Jan
Practice notes
This Practice Note considers the scope of the reflective loss rule. It addresses the background to and implications of the rule against reflective...
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18th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan
Practice notes
This Practice Note sets out certain key cases and associated analysis relevant to derivatives practitioners. The cases are divided by topic area and...
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17th Jan
Practice notes
The nature, main types and main uses of financial derivatives are summarised in Practice Notes: The nature of financial derivatives and Types of...
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Produced in partnership with Chris Webber of Squire Patton Boggs 17th Jan
Practice notes
This Practice Note summarises a number of key and/or illustrative cases relevant to an unfair prejudice claim or petition. It is intended to provide a...
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15th Jan
Practice notes
This Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a...
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15th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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Produced in partnership with Mark Hubbard of New Square Chambers 15th Jan
Practice notes
What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...
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Produced in partnership with Mark Hubbard of New Square Chambers 15th Jan
Practice notes
There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008,...
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14th Jan
Practice notes
There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008,...
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14th Jan
Q&As
Privilege comes in a number of forms and is a means of seeking to prevent an opponent from being able to inspect various disclosable documents.For...
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Produced in partnership with Howard Smith of Radcliffe Chambers 8th Jan

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