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Latest Dispute Resolution News

Dispute Resolution weekly highlights—5 August 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—5 August 2021

High Court finds that investigative reports not protected by litigation privilege (Qatar v Banque Havilland)

The following Corporate Crime news provides comprehensive and up to date legal information on High Court finds that investigative reports not protected by litigation privilege (Qatar v Banque Havilland)

Defamation—court awards £100,000 damages to vindicate claimant in Tommy Robinson case (Hijazi v Yaxley-Lennon)

The following Dispute Resolution news provides comprehensive and up to date legal information on Defamation—court awards £100,000 damages to vindicate claimant in Tommy Robinson case (Hijazi v Yaxley-Lennon)

Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Featured Dispute Resolution content

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought...

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...

Interim injunctions—the American Cyanamid guidelines

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

Practice notes

Quantum meruit (value of services) and quantum valebat (value of goods)

Quantum meruit (value of services) and quantum valebat (value of goods)When is quantum meruit and quantum valebat relevant?Claims in quantum meruit...

19th May

Practice notes

Rome II—application and interpretation

Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...

19th May

Practice notes

Expert reports

Expert reportsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court...

19th May

Practice notes

Brussels I (recast) and proceedings in third states (arts 33 and 34)

Brussels I (recast) and proceedings in third states (arts 33 and 34)This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I...

Produced in partnership with Ian McDonald of 4 New Square 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...

19th May

Practice notes

Costs budgeting—completing Precedent H (costs budget)

Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...

19th May

Practice notes

Contract interpretation—terms implied by law

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

19th May

Practice notes

Interest on judgment debts

Interest on judgment debtsThis Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when...

19th May

Practice notes

Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)

Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)This Practice Note considers the time limits for making an...

19th May

Practice notes

Part 36 offers—costs consequences of rejection or non-acceptance

Part 36 offers—costs consequences of rejection or non-acceptanceNote: This Practice Note is relevant only to Part 36 offers as considered under CPR 36...

Produced in partnership with Alice Nash of Hailsham Chambers 19th May

Practice notes

Which enforcement of judgment method should I choose?

Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...

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),...

19th May

Practice notes

Charging orders—what are they and when to use them—CPR 73

Charging orders—what are they and when to use them—CPR 73This Practice Note considers the jurisdiction for obtaining interim and final charging orders...

19th May

Practice notes

Mediation—confidentiality and privilege

Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully....

19th May

In-house

Practice notes

Causation and remoteness in contractual breach claims

Causation and remoteness in contractual breach claimsWhen considering a claim for damages (see Practice Note: Contractual damages—general principles...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May

In-house

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,...

19th May

Most recent Enforcement content

Practice notes

Staying execution of a writ or warrant of control

Staying execution of a writ or warrant of controlThe procedure outlined below concerns the process of enforcing judgment debts and orders under the...

5th Aug

Practice notes

Information hearing—procedure and orders

Information hearing—procedure and ordersThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...

5th Aug

Practice notes

Information hearing—introduction and the hearing

Information hearing—introduction and the hearingWhy seek an information hearing under CPR 71?Enforcing a judgment or order can be a timely, expensive...

5th Aug

Practice notes

Enforcing a judgment or order for possession of land

Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...

3rd Aug

Q&As

A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply to the court for an order to obtain information regarding the outstanding amount of a prior registered charge in respect of a loan between the debtor and his father, as no details are available on the Land Register and the parties to the loan will not disclose any information?

A final charging order has been obtained and registered against the debtor’s property. Before applying for an order for sale, is it possible to apply...

Produced in partnership with Alexander Campbell of Field Court Chambers 1st Aug

Q&As

What remedies are available where a party in occupation of a property fails to comply with the terms of an order for sale?

What remedies are available where a party in occupation of a property fails to comply with the terms of an order for sale?An order for sale is an...

Produced in partnership with Kevin Leigh of 33 Bedford Row 1st Aug

Q&As

What is the procedure for making a payment into court as a debtor subject to a charging order who can't find the creditor?

What is the procedure for making a payment into court as a debtor subject to a charging order who can't find the creditor?In this Q&A we refer to a...

1st Aug

Q&As

What is the effect of a charging order against the beneficial interest of one (A) of three beneficial owners (A, B and C) of a property, which is subject to a life interest in favour of C, if the beneficial owners contract to sell the property?

What is the effect of a charging order against the beneficial interest of one (A) of three beneficial owners (A, B and C) of a property, which is...

1st Aug

Q&As

Where a party has obtained a hardship payment order made under CPR 72.7 on appeal, how can that party enforce the hardship payment order, if the third party has already released the funds to the judgment creditor under the original order?

Where a party has obtained a hardship payment order made under CPR 72.7 on appeal, how can that party enforce the hardship payment order, if the third...

1st Aug

Q&As

If you seek an application for a charging order can you still pursue other enforcement steps such as Court Bailiffs? What happens is the debtor dies? Will the court process the application for a charging order? Can you instruct Bailiffs once they have passed away?

If you seek an application for a charging order can you still pursue other enforcement steps such as Court Bailiffs? What happens is the debtor dies?...

1st Aug

Q&As

Where a County Court judgment has been obtained and it subsequently becomes known that the defendant moved addresses before this was obtained, can the judgment be served at the new address?

Where a County Court judgment has been obtained and it subsequently becomes known that the defendant moved addresses before this was obtained, can the...

1st Aug

Q&As

When seeking to protect a judgment debt by obtaining a charging order under CPR 73 and Charging Order Act 1979, is it necessary to register both the interim charge and then subsequently the final charge (if ordered) or does registering both, unnecessarily duplicate time and legal cost? What could happen if I didn’t register both?

When seeking to protect a judgment debt by obtaining a charging order under CPR 73 and Charging Order Act 1979, is it necessary to register both the...

Produced in partnership with James Tunley of Lamb Chambers 1st Aug

Q&As

Where a commercial charge holder is seeking permission from the court to enforce a suspended order for possession, before requesting a warrant is an N244 application and witness statement required to request permission to enforce? Is form N325A only relevant after the court has given permission to enforce, or should this be used to request both permission and a warrant for possession simultaneously?

Where a commercial charge holder is seeking permission from the court to enforce a suspended order for possession, before requesting a warrant is an...

1st Aug

Q&As

Does service of an appellant’s notice seeking permission to appeal an order for possession have the effect of automatically staying execution of the possession order so as to prevent any steps towards execution, such as transferring up the possession order for enforcement in the High Court?

Does service of an appellant’s notice seeking permission to appeal an order for possession have the effect of automatically staying execution of the...

Produced in partnership with Jane Dunlop of Clarke Willmott LLP 1st Aug

Q&As

Can you obtain an order to attend court for questioning against a judgment debtor who is outside the jurisdiction?

Can you obtain an order to attend court for questioning against a judgment debtor who is outside the jurisdiction?The issue of whether CPR 71 can be...

1st Aug

Q&As

If a judgment debtor directs a third party to pay their judgment and that third party does so using their own funds, following which the judgment creditor returns the funds by mistake, does the judgment remain unsatisfied and is it still enforceable against the judgment debtor? Would the rules around legal tender apply if the judgment debtor themselves have not tendered payment?

If a judgment debtor directs a third party to pay their judgment and that third party does so using their own funds, following which the judgment...

Produced in partnership with Philip Roberts and Kayleigh Cullis of Clarke Willmott LLP 1st Aug

Q&As

Paragraph 63(3) of the Tribunals, Courts and Enforcement Act 2007 lists the roles of those exempt from requiring certification to take control of goods. It states any court staff or officer appointed under section 2(1) of the Courts Act 2003 (CoA 2003) are exempt. The same act states High Court Enforcement Officers (HCEOs) are authorised by the Lord Chancellor (CoA 2003, Sch 7) and the High Court Enforcement Officers Regulations 2004, SI 2004/400 say the same. Are HCEOs exempt from certification?

Paragraph 63(3) of the Tribunals, Courts and Enforcement Act 2007 lists the roles of those exempt from requiring certification to take control of...

1st Aug

Q&As

Will a Judgment Debtor's application under Form N245 to vary the judgment obtained against them impact on the Judgment Creditor pursuing enforcement of the debt?

Will a Judgment Debtor's application under Form N245 to vary the judgment obtained against them impact on the Judgment Creditor pursuing enforcement...

1st Aug

Q&As

If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a condition that the property be sold for a certain amount and it has transpired that this is in excess of the value), does the usual rule apply and the application should be served on the other side at least three days before the application hearing? Is it possible for the application to instead be made: i) without notice; and/or ii) on paper?

If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a...

1st Aug

Q&As

To which court do I apply for an order for sale?

To which court do I apply for an order for sale?When do you seek an order for sale?A charging order only secures the judgment debt, it does not...

1st Aug

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Enforcement

View Dispute Resolution by content type:

Latest Dispute Resolution News

Dispute Resolution weekly highlights—5 August 2021

High Court finds that investigative reports not protected by litigation privilege (Qatar v Banque Havilland)

Defamation—court awards £100,000 damages to vindicate claimant in Tommy Robinson case (Hijazi v Yaxley-Lennon)

Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Featured Dispute Resolution content

Submission of no case to answer

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Breach of statutory duty

Interim injunctions—the American Cyanamid guidelines

Most recent Enforcement content

Popular documents

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

Parliamentary committees

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

What is a certificate of title?

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