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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

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...

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...

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...

Practice notes

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

9th Nov

Practice notes

Contract interpretation—terms implied by custom and usage

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

9th Nov

Practice notes

Acknowledgment of service

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

9th Nov

Practice notes

Claims for rectification

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

9th Nov

Precedents

Particulars of claim—contractual debt claim

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

Produced in partnership with Leigh Callaway of Fladgate 12th Jan

COVID-19

Practice notes

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...

Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan

Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...

Produced in partnership with Charles Spragge of Druces 12th Jan

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

Reserved judgments

What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...

9th Nov

Practice notes

Court etiquette

The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...

9th Nov

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

9th Nov

COVID-19

In-house

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

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

Contractual damages—pecuniary losses

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

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

In-house

Practice notes

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...

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

Most recent Costs and funding content

Practice notes

Intellectual Property Enterprise Court—costs capping in practice

Intellectual Property Enterprise Court—costs capping in practiceBackgroundThe Intellectual Property Enterprise Court (IPEC) is a specialist list of...

Produced in partnership with Angela Fox of Maucher Jenkins 12th May

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...

10th May

Practice notes

Detailed assessment—costs, settlement and agreement

Recovering the costs of a detailed assessmentFollowing detailed assessment, the receiving party is generally entitled to the costs of the detailed...

10th May

Practice notes

Success fee and insurance premiums table—from 1 April 2013

This table summarises the following information for different types of claim funded by way of a conditional fee agreement:•the maximum success fee you...

5th May

Practice notes

Indemnity costs orders—illustrative decisions

This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main...

4th May

Practice notes

Indemnity costs orders—principles

This Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on...

4th May

Practice notes

Challenging funding arrangements—general principles

This Practice Note is concerned with challenges to funding arrangements associated with retainers and considers:•what is a funding arrangement?•why...

Produced in partnership with Nicholas Lee of Paragon Costs 4th May

Practice notes

Costs budgets—revision and variation

On 1 October 2020, the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 came into force and made significant changes to CPR 3 with the...

30th Apr

Practice notes

Interim payment on account of costs orders

What is an interim payment on account of costs?Where the court has made an order for the payment of costs by the losing party, the successful party...

28th Apr

Practice notes

Interim applications—costs recovery

This Practice Note highlights that such costs are not recoverable as of right and identifies issues to be considered when determining whether, and to...

28th Apr

Practice notes

Costs orders—debarring orders where there has been a failure to pay

Rationale for enforcing an interim costs orderIt is important that the courts have mechanisms at their disposal so that they are in a position to...

28th Apr

Practice notes

Costs orders—effect of conduct and misconduct

This Practice Note looks at the effect of a party’s conduct on both the type of costs order a court will make and the amount of costs that will be...

27th Apr

Practice notes

Recovery of costs insurance premiums

This Practice Note considers recovery of liability expenses insurance premiums generally. For an introduction to before the event (BTE) insurance and...

27th Apr

Practice notes

Pre-action—costs recovery

Pre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for example:•taking detailed instructions...

26th Apr

Practice notes

Costs budgeting—completing Precedent H (costs budget)

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

26th Apr

Practice notes

Costs management and costs budgeting—general principles

On 1 October 2020, changes to both section II of Part 3 and Practice Direction 3E dealing with costs budgeting came into force through the Civil...

26th Apr

Practice notes

Costs budgeting—courts' approach

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

26th Apr

Practice notes

Detailed assessment—commencement

Use of electronic filing in the SCCOThe Electronic Working Pilot Scheme set out in CPR PD 51O is mandatory for legally represented parties in the...

26th Apr

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...

26th Apr

Q&As

Can we change the date to file a costs budget?

The provisions in the CPR are very clear that a costs budget needs to be filed by the date set out by the court (CPR 3.13). A failure to do so will...

26th Apr