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Latest Dispute Resolution News

The value of co-funding in litigation funding

The value of co-funding in litigation funding

The following Dispute Resolution news provides comprehensive and up to date legal information on The value of co-funding in litigation funding

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

Featured Dispute Resolution content

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...

Promissory estoppel

Promissory estoppel

Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...

Hearsay evidence in civil litigation

Hearsay evidence in civil litigation

Hearsay evidence in civil litigationThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....

Breach of statutory duty

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...

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)...
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19th May
tag iconCOVID-19 tag iconIn-house
Practice notes

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular...
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19th May
Practice notes

Costs order—what happens when no order is made?

Costs order—what happens when no order is made?The general rule—no costs recoveryThe general rule is that where a court order does not make any...
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19th May
Practice notes

The remedy of damages—general principles

The remedy of damages—general principlesWhat are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a...
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19th May
Practice notes

Wasted costs orders

Wasted costs ordersWhat 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...
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19th May
Practice notes

Disclosure—standard disclosure and the reasonable search

Disclosure—standard disclosure and the reasonable searchThis Practice Note provides guidance on conducting a reasonable search for standard disclosure...
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19th May
Practice notes

Litigant in person costs—financial loss and hourly rates

Litigant in person costs—financial loss and hourly ratesCPR 46.5(4) sets out how the costs will be calculated and this is either by reference...
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19th May
Practice notes

Default judgment—general principles for setting aside

Default judgment—general principles for setting asideWhere the claimant has already obtained a default judgment, the defendant may still wish to...
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19th May
Practice notes

Declaratory relief

Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
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19th May
Practice notes

European order for payment procedure

European order for payment procedureThis Practice Note is for use in cases in which the order was applied for prior to IP completion day (31 December...
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19th May
Practice notes

Disclosure: specific disclosure

Disclosure: specific disclosureThis Practice Note should be read in conjunction with Practice Notes:•Disclosure—the application for specific...
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19th May
Practice notes

Civil contempt proceedings—summary of the changes to committal proceedings (CPR 81) in force with effect from 1 October 2020

Civil contempt proceedings—summary of the changes to committal proceedings (CPR 81) in force with effect from 1 October 2020Note: this Practice Note...
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Produced in partnership with Richard Shepherd of Albion Chambers 19th May
Q&As

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3),...
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19th May
Practice notes

Disclosure—inspection

Disclosure—inspectionThis Practice Note refers to Retained Regulation (EU) 2016/679 (UK GDPR). The regime under this retained regulation came into...
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19th May
Practice notes

Unfair prejudice petition—the procedure

Unfair prejudice petition—the procedureCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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Produced in partnership with Mark Hubbard of New Square Chambers 19th May
Q&As

Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday, would service be effective from the following Tuesday, ie 2 business days?

Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday,...
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19th May

Most recent Funding arrangements content

Q&As

Does legal aid qualify as a funding arrangement for the purposes of serving a notice of funding?

Does legal aid qualify as a funding arrangement for the purposes of serving a notice of funding?Requirement to serve a notice of fundingPrior to legal...
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23rd Jul
Practice notes

Damages-based agreements (DBAs)

Damages-based agreements (DBAs)What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee...
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16th Jul
Practice notes

Conditional fee agreements—definition and requirements

Conditional fee agreements—definition and requirementsIf dealing with personal injury cases, see: PI and clinical negligence developments—overview.For...
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15th Jul
Practice notes

Recovery of costs insurance premiums

Recovery of costs insurance premiumsThis Practice Note considers recovery of liability expenses insurance premiums generally. For an introduction to...
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15th Jul
Precedents

Letter explaining DBA—general litigation or advocacy

Letter explaining DBA—general litigation or advocacyStandard DBA (general litigation or advocacy)We have discussed various options for funding your...
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13th Jul
Precedents

DBA risk assessment—general litigation and advocacy

DBA risk assessment—general litigation and advocacyA: General informationMatter referenceClient nameDate of cause of actionType of claim[Insert, eg...
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13th Jul
Precedents

CFA risk assessment—general litigation and advocacy

CFA risk assessment—general litigation and advocacyA: General informationMatter reference[Insert]Client nameDate of cause of actionType of claim, eg...
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13th Jul
Precedents

Letter explaining CFA—conditional fees from 1 April 2013—success fee and insurance premium not recoverable between the parties

Letter explaining CFA—conditional fees from 1 April 2013—success fee and insurance premium not recoverable between the partiesStandard CFA (success...
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13th Jul
Practice notes

Success fee and insurance premiums table—from 1 April 2013

Success fee and insurance premiums table—from 1 April 2013This table summarises the following information for different types of claim funded by way...
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13th Jul
Q&As

Can you obtain disclosure against either the third party themselves or the claimant’s solicitors to ascertain the claimant’s means of funding? Can such disclosure be sought prior to joining the third party to proceedings for the purposes of obtaining an Non-Party Costs Order under section 51 of the Senior Courts Act 1981?

Can you obtain disclosure against either the third party themselves or the claimant’s solicitors to ascertain the claimant’s means of funding? Can...
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6th Jun
Q&As

Can I recover the costs associated with entering into a funding agreement?

Can I recover the costs associated with entering into a funding agreement?The court’s general discretion to award costsThe court has a general...
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6th Jun
Q&As

Does a legal aid certificate have to be formally discharged for a subsequent CFA to be valid?

Does a legal aid certificate have to be formally discharged for a subsequent CFA to be valid?This issue was considered by the Senior Courts Cost...
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6th Jun
Q&As

Can I change the success fee in a pre-1 April 2013 CFA?

Can I change the success fee in a pre-1 April 2013 CFA?The general position is that CFAs entered into prior to 1 April 2013 are covered by...
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6th Jun
Q&As

What are the rules governing the enforceability or otherwise of a damages-based agreement (including restrictions on ‘hybrid agreements’), where it applies to the litigation only up to the point of judgment and thereafter the fees and costs associated with any enforcement measures are payable separately on an hourly rate on a standard retainer?

What are the rules governing the enforceability or otherwise of a damages-based agreement (including restrictions on ‘hybrid agreements’), where it...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 6th Jun
Q&As

Legal expenses insurance policy—can a party choose their own lawyer?

Legal expenses insurance policy—can a party choose their own lawyer?Legal expenses policies are governed by The Insurance Companies (Legal Expenses...
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6th Jun
Q&As

Do I need to notify the court and other parties of changes to a pre-commencement CFA?

Do I need to notify the court and other parties of changes to a pre-commencement CFA?Requirement to notify changesYou will need to notify the court in...
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5th Jun
Q&As

Does a CFA have to include a success fee to be enforceable?

Does a CFA have to include a success fee to be enforceable?What is a CFA?A conditional fee agreement (CFA) is a type of funding agreement which is...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 5th Jun
Q&As

Can a term be implied into a CFA?

Can a term be implied into a CFA?There is little authority in this area. The underlying substantive law in relation to implied terms is considered in...
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5th Jun
Q&As

We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by showing the revision and then signing with the client countersigning? Is it necessary to amend the scope of the CFA if the wording used was accurate at the point of the initial instruction or is this something that should be under review continually? Finally, under the case of Frade v Radford, a CFA can be amended up to the point a costs order is made. Is this an order at trial/detailed assessment and not consent?

We have become aware of an earlier date of negligence since a post-2013 conditional fee agreement (CFA) was entered into. Can we amend the CFA by...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As

If a client loses their mental capacity does this invalidate an existing CFA?

If a client loses their mental capacity does this invalidate an existing CFA?Where a client has entered into a conditional fee agreement (CFA) and...
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5th Jun

Popular documents

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]

No deal Brexit—jurisdiction (UK and the Lugano Convention) [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.This Practice Note covers the situation where the UK

Pre-action disclosure—the application

Pre-action disclosure—the application

Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings

Affray

Affray

AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where for example in cases involving a weapon/throwing objects, or conduct that causes serious

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and