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Latest Dispute Resolution News

Litigation in France—evolving landscape

The following Dispute Resolution news provides comprehensive and up to date legal information on Litigation in France—evolving landscape

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Summary judgment in deferred consideration claim despite permission to proceed with fraudulent breach of warranty counterclaim (Arani v Cordic Group)

The following Corporate news provides comprehensive and up to date legal information on Summary judgment in deferred consideration claim despite permission to proceed with fraudulent breach of warranty counterclaim (Arani v Cordic Group)

Featured Dispute Resolution content

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...

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...

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

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...

Drafting the particulars of claim and reply

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

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

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

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

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 identifies scenarios in which a party may apply for a stay of...

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

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

Claim for subrogation—a restitutionary remedy

What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...

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

Litigant in person costs—financial loss and hourly rates

CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...

9th Nov

Practice notes

Loss of chance damages

This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan

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

Contractual damages—non-pecuniary losses

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

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

Practice notes

Charging orders—who serves interim and final charging orders?

This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...

9th Nov

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

Precedents

Drafting note for application notice to extend time for filing the defence

Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...

9th Nov

COVID-19

Practice notes

Unfair prejudice petition—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Most recent Summary assessment content

Practice notes

Summary assessment—court guides

The provisions set out in various Court Guides, some of which are summarised below, are in addition to the provisions in the CPR and its practice...

8th Apr

Practice notes

Summary assessment—Jackson Reforms [Archived]

ARCHIVED: This Practice Note has been archived and is for historical purposes only.CPR provisionsThe provisions for summary assessment of costs are...

8th Apr

Practice notes

Summary assessment—statement of costs (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.What is a statement of...

8th Apr

Practice notes

Guideline hourly rates

This Practice Note considers the Guideline Hourly Rates (GHRs). These are hourly rates which it is considered for a solicitor to recover for work done...

31st Mar

Practice notes

Summary assessment—statement of costs

Summary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary...

30th Mar

Practice notes

Summary assessment

This Practice Note explains summary assessment of costs and when it takes place. Summary assessment of costs is a procedure during which the judge who...

30th Mar

Practice notes

Summary assessment bill of costs—pilot scheme

As part of the 104th update—Practice Directions Amendments accompanying the Civil Procedure Rules (CPR), the Ministry of Justice introduced a new...

29th Mar

Practice notes

VAT on costs

This Practice Note explains the special provisions that pertain to VAT in relation to costs that are the subject of either summary or detailed...

20th Mar

Practice notes

Summary assessment (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.What is summary...

24th Feb

Precedents

Schedule of costs—summary assessment

When providing a schedule of costs for summary assessment, the information should be set out using Court Form: N260 Statement of Costs (Summary...

11th Feb

Q&As

On the updated court Form N260B, tab 3—Profit Costs, can an extra activity option be added where it currently only allows for you to pick: ‘plan’, ‘prepare’, ‘draft’ or ‘review’? If you have several differently graded people working on a case and need more than eight rows, is it possible to add them?

Amending the formAs part of the 104th update—Practice Directions Amendments accompanying the Civil Procedure Rules (CPR), the Ministry of Justice...

11th Feb

Q&As

When can you add VAT on a Statement of Costs (N260) lodged at court?

We have assumed that this Q&A is referring to a statement of costs lodged for the purposes of summary assessment.Practice Note: VAT on costs sets out...

11th Feb

Q&As

What are the provisions and procedural rules governing costs recovery in CPR Part 8 proceedings?

We have assumed that this Q&A is not referring to detailed assessment of solicitors bills (in respect of which applications are issued under CPR Part...

11th Feb

Q&As

Why does the Statement of Costs for summary assessment Form N260, not include provision for incoming correspondence? Why are the true costs of preparing a Statement of Costs rarely recovered?

Statement of Costs for summary assessmentA party wishing to claim costs must prepare a written statement setting out their costs (CPR PD 44, para...

28th Nov

Q&As

On a summary assessment of costs, the court will have regard to the Senior Courts Costs Office hourly rates. How is the location determined where fee earners work from home in different locations?

Solicitors can charge any hourly rate they wish for their services. However, they will not necessarily recover those rates at a costs assessment. The...

28th Nov

Q&As