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Practice notes
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan
Practice notes
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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9th Nov
Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
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9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...
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9th Nov

Most recent Cross border enforcement content

Practice notes
This Practice Note considers the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the...
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Produced in partnership with Cara North of Lipman Karas and Derek Bayley of Allen & Overy LLP 9th Mar
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For specific...
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8th Mar
Practice notes
This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the provisions in Regulation (EC)...
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8th Mar
Practice notes
This Practice Note provides guidance when seeking to recognise a judgment in the courts of England and Wales for the purposes of enforcement under the...
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Produced in partnership with Giles Wheeler of Fountain Court Chambers 8th Mar
Q&As
Gibraltar is a territory of the UK. The position on enforcement (and also jurisdiction) requires consideration of the Civil Jurisdiction and Judgments...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Mar
Practice notes
This Tracker is for use when determining whether a country is a signatory to the Hague Convention on Choice of Courts Agreements and whether the...
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Produced in partnership with Cara North of Lipman Karas 4th Mar
Practice notes
This Tracker is for use when determining whether a country is a signatory to the Lugano Convention 2007 and whether it has come into force for that...
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25th Feb
Q&As
EgyptEgypt will recognise foreign judgments where international treaties (whether bilateral or multilateral) exist. In general, the Law on Civil and...
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24th Feb
Q&As
The Administration of Justice Act 1920 (AJA 1920) makes provision for the registration and thereafter enforcement within the United Kingdom of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Feb
Q&As
This Q&A looks at which annex in Regulation (EC) 44/2001, Brussels I needs to be annexed to an application to the court made under CPR 74.12–13 to...
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19th Feb
Precedents
Filed on behalf of the respondentWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Nicholas Pointon of St John's Chambers 19th Feb
Precedents
Filed on behalf of the applicantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
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Produced in partnership with Nicholas Pointon of St John's Chambers 19th Feb
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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Produced in partnership with Nicholas Pointon of St John's Chambers 19th Feb
Q&As
Original question:Can we enforce an interim US court order for seizure of product in the courts of England and Wales?.Enforcement of the orderThe...
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18th Feb
Q&As
The first point to note is that the US is not a signatory to any convention or treaty in relation to the enforcement of foreign judgments. The...
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18th Feb
Q&As
When seeking registration of a foreign judgment under the Lugano Convention, this is done by making a without notice application which is heard by a...
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18th Feb
Practice notes
This Practice Note sets out the application of the Administration of Justice Act 1920 (AJA 1920) for the registration and enforcement of foreign...
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Produced in partnership with Laurence Emmett 18th Feb
Q&As
Which enforcement regime appliesIreland is an EU Member State. When seeking to enforce a judgment in England and Wales that was given in proceedings...
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18th Feb
Practice notes
This Practice Note sets out the application of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) for the enforcement of foreign...
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Produced in partnership with Laurence Emmett 17th Feb

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