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Latest Dispute Resolution News

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Dispute Resolution weekly highlights—23 September 2021

Dispute Resolution weekly highlights—23 September 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—23 September 2021

Russian bank's £1.3bn fraud trial delayed over bankruptcy

Russian bank's £1.3bn fraud trial delayed over bankruptcy

The following Dispute Resolution news provides comprehensive and up to date legal information on Russian bank's £1.3bn fraud trial delayed over bankruptcy

Pandemic prompts proposals to permanently shift civil justice in Scotland to virtual hearing model

Pandemic prompts proposals to permanently shift civil justice in Scotland to virtual hearing model

The following Dispute Resolution news provides comprehensive and up to date legal information on Pandemic prompts proposals to permanently shift civil justice in Scotland to virtual hearing model

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Submission of no case to answer

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

The doctrine of res judicata

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...

Serving outside the jurisdiction with court permission—application and order

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...

Practice notes

What is a tort?

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...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes

How to apply for a third party debt order (TPDO)

How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
tag iconIn-house
Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes

Fixed costs—money claims

Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes

Witness summons

Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
tag iconCOVID-19
Practice notes

Costs budgeting—completing Precedent H (costs budget)

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...
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19th May
Practice notes

Contract interpretation—terms implied by law

Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes

The tort of procuring a breach of contract

The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes

Documents to be served on the defendant

Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Costs and funding content

Practice notes

Costs budgeting—courts' approach

Costs budgeting—courts' approachOn 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force...
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23rd Sep
Q&As

Is there a fee for filing a pre-trial checklist? In the fast track when do you have to file a costs estimate and what costs are recoverable under fixed costs in relation to fast track claims?

Is there a fee for filing a pre-trial checklist? In the fast track when do you have to file a costs estimate and what costs are recoverable under...
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23rd Sep
Q&As

When dealing with fast track claims, the trial costs are subject to a fixed costs regime. Are all the other costs incurred in the proceedings recoverable and, if so, are such costs subject to assessment?

When dealing with fast track claims, the trial costs are subject to a fixed costs regime. Are all the other costs incurred in the proceedings...
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23rd Sep
Q&As

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?This Q&A assumes that none of the parties are...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 23rd Sep
Q&As

Is it possible to ask a judge to make an order that if reduced on the basis of reasonableness, our costs should not then be reduced again by reference to proportionality?

Is it possible to ask a judge to make an order that if reduced on the basis of reasonableness, our costs should not then be reduced again by reference...
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23rd Sep
Q&As

Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?

Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?It is easy to see why...
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Produced in partnership with Daniel Gill of Clarke Willmott LLP 23rd Sep
Practice notes

Costs—recovery of costs under contractual clauses

Costs—recovery of costs under contractual clausesCourt’s discretionThe general position in relation to the court dealing with the issue of costs is...
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23rd Sep
Practice notes

Pre-action—costs recovery

Pre-action—costs recoveryPre-action costs—what are they?Prior to the commencement of litigation, parties may incur considerable costs for...
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23rd Sep
Practice notes

Costs and the indemnity principle

Costs and the indemnity principleThis Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The...
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23rd Sep
Practice notes

Guideline hourly rates

Guideline hourly ratesStop press: the Guideline Hourly Rates are in the process of being updated and new rates and guidance are due to be applied from...
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23rd Sep
Practice notes

General rules about costs—Jackson Reforms [Archived]

General rules about costs—Jackson Reforms [Archived]ARCHIVED: This Practice Note has been archived and is for historical purposes only.CPR...
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23rd Sep
Practice notes

Costs assessment—basis of assessment

Costs assessment—basis of assessmentThis Practice Note explains the different basis on which the courts can assess costs, being the standard basis,...
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23rd Sep
Practice notes

Tracker—review of guideline hourly rates in civil litigation

Tracker—review of guideline hourly rates in civil litigationThis Tracker considers the review of the Guideline Hourly Rates (GHRs). GHR are rates the...
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23rd Sep
Practice notes

Indemnity costs orders—principles

Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may...
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23rd Sep
Practice notes

Costs of discontinuing a claim—the general rule

Costs of discontinuing a claim—the general ruleWhat is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the...
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23rd Sep
Practice notes

Client assessment of solicitor's costs—procedure

Client assessment of solicitor's costs—procedureThe provisions relating to the assessment of solicitors' costs are in CPR 46 and CPR PD 46, para 6.1...
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22nd Sep
Practice notes

Summary assessment bill of costs—pilot scheme

Summary assessment bill of costs—pilot schemeThis Practice Note summarises the background to and detail of the statement of costs for summary...
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21st Sep
Practice notes

Interim applications—costs recovery

Interim applications—costs recoveryThis Practice Note highlights that such costs are not recoverable as of right and identifies issues to be...
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20th Sep
Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

Costs consequences of refusing to mediate—key and illustrative decisionsThis Practice Note summarises the key decisions illustrating the court’s...
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20th Sep
Practice notes

VAT on costs

VAT on costsThis Practice Note explains the special provisions that pertain to VAT in relation to costs that are the subject of either summary or...
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Produced in partnership with Hartley Foster of Addington Chambers 17th Sep

Popular documents

Report on title—long form

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been

Reversionary lease by reference

Reversionary lease by reference

 LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not registered]LR2.2 Other title numbers[existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)