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Latest Dispute Resolution News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The iniquity defence in claims for misuse of private information (Brake v Guy)

The following Commercial news provides comprehensive and up to date legal information on The iniquity defence in claims for misuse of private information (Brake v Guy)

Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

The following Corporate Crime news provides comprehensive and up to date legal information on Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

Variations to costs budgets—principles surrounding significant developments and the promptness of the application (Persimmon Homes Ltd v Osborne Clark LLP)

The following Dispute Resolution news provides comprehensive and up to date legal information on Variations to costs budgets—principles surrounding significant developments and the promptness of the application (Persimmon Homes Ltd v Osborne Clark LLP)

Featured Dispute Resolution content

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...

Practice notes

Norwich Pharmacal orders—procedure for 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

Practice notes

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...

9th Nov

In-house

Practice notes

Unless orders

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

9th Nov

Practice notes

Notice to admit facts

What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...

9th Nov

Practice notes

Costs and the indemnity principle

This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...

9th Nov

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

Practice notes

Applications without notice

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Expert reports

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

Practice notes

Conditional fee agreements—success fees

This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...

9th Nov

In-house

Practice notes

Fixed costs—fast track trial costs

This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...

9th Nov

Practice notes

Contractual estoppel

This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Practice notes

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

Detailed assessment—interim and final costs certificates

What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...

9th Nov

Most recent Enforcement content

Practice notes

Obtaining an order for sale to enforce a charging order—potential difficulties

This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order...

Produced in partnership with Frances Coulson of Moon Beever 16th Apr

Practice notes

What is a third party debt order (TPDO)?

This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt,...

15th Apr

Practice notes

Debt management and relief for individual debtors

IntroductionPart 5 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) introduced new regimes for debt management and relief, although not...

9th Apr

Q&As

What is the process for applying for an order for sale to enforce a charging order against a defendant who has died?

Enforcement where defendant is deceasedJudgment creditors can, if they wish (and can afford it) execute their judgment by using one or several...

9th Apr

Practice notes

Third party and debtor applications under CPR 85—hearing, costs and sanctions

This Practice Note considers what can happen at a CPR 85 hearing at which a debtor’s claim to exempt goods or a third party’s claim to controlled or...

8th Apr

Practice notes

When to seek a third party debt order—spotting the opportunities

This Practice Note is designed to assist in spotting opportunities for when a Third Party Debt Order (TPDO) can be used as a means of enforcing a...

Produced in partnership with Phil Roberts of Clarke Willmott 8th Apr

Practice notes

What is the effect of interim charging orders?

This Practice Note considers the effect of the court making an interim charging order pursuant to the regime under CPR 73 in force as of 6 April...

8th Apr

Practice notes

How do I instruct a High Court Enforcement Officer to take control of goods?

This Practice Note, produced in conjunction with enforcement specialists, The Sheriffs Office, sets out how to instruct a High Court Enforcement...

8th Apr

Practice notes

Taking control of goods—process once goods are seized

What is taking control of goods?On 6 April 2014, provisions came into force for the taking control of goods (TCG) in order to sell them to satisfy a...

Produced in partnership with Victoria Jones of Freeths 8th Apr

Practice notes

Pre-6 April 2016—attachment of earnings to enforce a judgment debt under CCR Ord 27 [Archived]

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It considers the attachment of earnings regime under CCR Ord 27 prior to 6 April 2016 and...

8th Apr

Practice notes

Charging orders—procedure in non-CCMCC cases

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

8th Apr

Practice notes

Pre-6 April 2016—procedure for obtaining interim and final charging orders

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It sets out the procedure in force prior to 6 April 2016 for obtaining a charging order,...

8th Apr

Practice notes

Taking control of goods—the process up until seizure of goods

This Practice Note sets out the detail of the procedure relating to the taking control of goods either to satisfy commercial rent arrears under the...

Produced in partnership with Victoria Jones of Freeths 8th Apr

Practice notes

Staying execution of a writ or warrant of control

The procedure outlined below concerns the process of enforcing judgment debts and orders under the Taking Control of Goods (TCG) procedure which...

8th Apr

Practice notes

Controlled and executed goods—debtor claiming goods are 'exempt goods'

This Practice Note considers how a debtor whose goods have been taken control of or executed against can bring an application claiming that the goods...

8th Apr

Practice notes

Seizing the debtor's possessions—obtaining writs of fi fa and warrants of execution [Archived]

THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY SINCE, AS FROM 6 APRIL 2014, IT IS NO LONGER POSSIBLE TO OBTAIN A WRIT OF FEIRI FACIAS OR A...

8th Apr

Practice notes

Enforcement case study—pre and post action protection and recovery

This Practice Note, produced in conjunction with Phil Roberts of Clarke Wilmott, provides a case study for consideration of the different means, in...

Produced in partnership with Phil Roberts of Clarke Willmott 8th Apr

Practice notes

Successful enforcement—knowing your defendant

This Practice Note highlights the need to correctly identify and know your defendant prior to issuing proceedings with the aim of improving your...

8th Apr

Practice notes

Equitable execution

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

8th Apr

Practice notes