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Latest Dispute Resolution News

CJEU: binding nature of jurisdiction judgments (Gothaer v Samskip)

The following Dispute Resolution news provides comprehensive and up to date legal information on CJEU: binding nature of jurisdiction judgments (Gothaer v Samskip)

Brussels I—construing provisions to prevent enforcement of a default judgment (Reeve & Others v Plummer)

The following Dispute Resolution news provides comprehensive and up to date legal information on Brussels I—construing provisions to prevent enforcement of a default judgment (Reeve & Others v Plummer)

Preparing for Brussels I recast—impact on enforcement

The following Dispute Resolution news provides comprehensive and up to date legal information on Preparing for Brussels I recast—impact on enforcement

Damages—causation of loss where specific discrete breaches of contract proved (YJB Port v M&A Pharmachem)

The following Commercial news provides comprehensive and up to date legal information on Damages—causation of loss where specific discrete breaches of contract proved (YJB Port v M&A Pharmachem)

Featured Dispute Resolution content

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...

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

Derivative claim—what it is and when to use it

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)...

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Practice notes

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

9th Nov

Practice notes

Tort claims—causation in law

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...

Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan

Practice notes

Expert reports

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

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

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Nov

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

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

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

Detailed assessment—default costs certificate

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...

9th Nov

Practice notes

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan

Practice notes

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

Model ADR clauses

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...

9th Nov

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

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

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

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

Most recent Costs and funding content

Practice notes

Damages-based agreements (DBAs)

What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee agreement', is a means of funding...

20th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 20th Jan

Practice notes

Recovery of costs, solicitor’s rights, and non-statutory assessments

ReferencesThe Solicitors Act 1974 is referred to as the SA 1974 in this Practice Note.Can a solicitor recover fees?Whether a solicitor can recover...

Produced in partnership with 4 New Square 20th Jan

Q&As

In a small claims track case, if the claimant applies to amend its particulars of claim does the claimant have to pay the defendant's costs? Would it make any difference if it is before or after allocation?

Amendments to statements of caseOnce served, a statement may only be amended with the written consent of the other parties or with the court’s...

18th Jan

Q&As

A defendant has variously instructed new solicitors and is now progressing as a litigant in person with a direct access barrister. After each change, the defence has been changed with no formal applications being made to the court. What redress do I have in seeking costs occasioned by the amendments and as a penalty for effectively wasting the past two years?

Amending a statement of caseCPR 17.1 states that:‘(1) A party may amend his statement of case at any time before it has been served on any other...

18th Jan

Practice notes

Costs of discontinuing a claim—the general rule

What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...

18th Jan

Practice notes

Costs sanctions for refusal to mediate

This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...

18th Jan

Practice notes

Costs orders in multi-party proceedings

What is a multi-party costs order?A multi-party costs order means simply an order in a claim where there are more parties than just one claimant and...

Produced in partnership with Alice Nash of Hailsham Chambers 18th Jan

Practice notes

Conditional fee agreements—assignment of a CFA

There are a variety of reasons why assignment of a conditional fee agreement (CFA) may be required. Where an assignment has taken place, paying...

18th Jan

Practice notes

Detailed assessment—what is it, who does it and where?

What is detailed assessment?Detailed assessment is the procedure by which the amount of costs payable by one party, the paying party who is generally...

18th Jan

Practice notes

Issues-based costs orders—illustrative decisions

This Tracker provides examples of costs judgments where either the court has made an issues-based costs order or has refused to make an issues-based...

18th Jan

Practice notes

Jackson reforms on funding—one year on [Archived]

ARCHIVED: This Practice Note is archived and is for historical purposes only.1 April 2013 saw reforms to many aspects of litigation funding but what...

18th Jan

Practice notes

Detailed assessment—the hearing

Coronavirus (COVID–19): A detailed assessment hearing will be impacted and consideration needs to be given as to how to undertake such hearings...

18th Jan

Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a...

18th Jan

Practice notes

Civil litigation funding—consultation and reform proposals [Archived]

ARCHIVED: This Practice Note has been archived as it predates 1 April 2013 and is for reference purposes only in understanding the consultation that...

18th Jan

Practice notes

Non-party costs orders—solicitors

This Practice Note considers non-party costs orders (NPCO) against solicitors. Such orders may be made where a solicitor acts as a funder where there...

18th Jan

Practice notes

Human rights and costs recovery in publication and privacy proceedings [Archived]

This Practice Note has been archived as is not maintained. Recovery of CFA success fees and ATE insurance premiums in publication and privacy...

18th Jan

Practice notes

Detailed assessment: starting the process (prior to April 2013) [Archived]

ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.Detailed assessment is the...

18th Jan

Practice notes

CE-File—electronic filing in the Senior Court Costs Office

Extension of the Electronic Working Pilot scheme to the SCCOThe 110th Practice Direction update, effective from 7 October 2019, extends the...

18th Jan

Practice notes

Form and content of bills

ReferencesThe Solicitors Act 1974 is referred to as the SA 1974 in this Practice Note.The terms 'bill' and 'invoice' are often used interchangeably....

Produced in partnership with 4 New Square 18th Jan