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Latest Dispute Resolution News

Setting aside a judgment on the grounds of fraud—when a claim to set aside will be an abuse of process (Park v CNH Industrial Capital)

The following Dispute Resolution news provides comprehensive and up to date legal information on Setting aside a judgment on the grounds of fraud—when a claim to set aside will be an abuse of process (Park v CNH Industrial Capital)

No formation of a trust in a cryptoasset repurchase agreement (Wang v Darby)

The following Banking & Finance news provides comprehensive and up to date legal information on No formation of a trust in a cryptoasset repurchase agreement (Wang v Darby)

Dispute Resolution weekly highlights—2 December 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—2 December 2021

The Norwich Pharmacal jurisdiction does not extend to disclosure of call records and location data where the phone company is a ‘mere witness’ (EUI v UK Vodafone)

Featured Dispute Resolution content

Skeleton arguments

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

Forum non conveniens—scope and application

Forum non conveniens—scope and applicationThe UK's departure from the EU impacts the status of judgments of the Court of Justice. For guidance, see...

Admissions

AdmissionsThis Practice Note sets out when CPR 14, which deals with admissions, will and will not apply. It looks at when admissions can be made...

Contract interpretation—rules of contract interpretation

Contract interpretation—rules of contract interpretationThis Practice Note on rules on interpreting contracts (agreements) (also known as construing...

Practice notes

Conducting an appeal in the Court of Appeal

Conducting an appeal in the Court of AppealCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...

16th Nov

Q&As

Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b) states that the court may order a person to be added as a new party, but would this addition have to be in the capacity of claimant/defendant, or could it be in the capacity of an interested party who wants to remain neutral in the proceedings but is still interested in the outcome?

Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b) states that the court may order a person to be...

Produced in partnership with James Tunley of Lamb Chambers 16th Nov

Practice notes

Interim injunctions—variation, discharge and appeals

Interim injunctions—variation, discharge and appealsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may...

16th Nov

Practice notes

Commonly made costs orders

Commonly made costs orders This Practice Note sets out in table format those costs orders the court will most commonly make in proceedings before...

16th Nov

Q&As

Where a claim has been issued out of the County Court Money Claims Centre, but not served, can the claimant amend the claim form pursuant to CPR 17.1 to increase the value of the claim, at any County Court, or does the claim form need to be re-sealed in the County Court Money Claims Centre?

Where a claim has been issued out of the County Court Money Claims Centre, but not served, can the claimant amend the claim form pursuant to CPR 17.1...

16th Nov

Practice notes

Cost budgets—form, content and practical considerations

Cost budgets—form, content and practical considerationsThis Practice Note assists in completing a costs budget. It should be read in conjunction with...

16th Nov

Practice notes

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note sets out when the common law applies in respect of contract claims. It considers what the...

16th Nov

Q&As

Is there a prescribed form for the statement of debt (including interest and costs) required to accompany the certificate of service of an interim charging order under CPR 73.7(2)?

Is there a prescribed form for the statement of debt (including interest and costs) required to accompany the certificate of service of an interim...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 16th Nov

Practice notes

Adjourning interim hearings

Adjourning interim hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...

16th Nov

Practice notes

Provisional assessment

Provisional assessmentWhat is it and when does it apply?What is it?There is no definition of 'provisional assessment' in the CPR. On raising the issue...

16th Nov

Practice notes

Contract interpretation—terms implied by fact

Contract interpretation—terms implied by factExpress and implied contractual terms distinguishedContractual terms may be either express or...

16th Nov

Q&As

If a defendant tells the court that it is withdrawing its defence in full, a matter of a few days before the trial, what are the implications? Do issue estoppel and cause of action estoppel apply?

If a defendant tells the court that it is withdrawing its defence in full, a matter of a few days before the trial, what are the implications? Do...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov

Practice notes

Witness statements for specific applications

Witness statements for specific applicationsThis Practice Note provides general guidance on evidence in support of interim applications by way of...

16th Nov

Practice notes

Jurisdiction agreements—introduction

Jurisdiction agreements—introductionThis Practice Note considers jurisdiction agreements, also known as choice of court agreements, in terms of what...

16th Nov

Brexit

Practice notes

Sovereign immunity—Canada—Q&A guide [Archived, 2021 edition]

Sovereign immunity—Canada—Q&A guide [Archived, 2021 edition]This Practice Note contains a jurisdiction-specific Q&A guide to sovereign immunity in...

16th Nov

Q&As

Where an insurance policy is in dollars but a claim has been made, judgment given and the insured paid out in sterling, then what date is the exchange rate date for claiming under the insurance policy?

Where an insurance policy is in dollars but a claim has been made, judgment given and the insured paid out in sterling, then what date is the exchange...

16th Nov