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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...

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Contract interpretation—the parol evidence rule

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...

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

Interim applications—costs recovery

Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...

9th Nov

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

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 9th Nov

Practice notes

Case management—court's powers—Dispute Resolution

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

Detailed assessment—default costs certificate

The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...

9th Nov

Practice notes

Limitation—latent damage

BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...

9th Nov

Practice notes

European order for payment procedure

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering cross border EU...

9th Nov

Practice notes

Standstill agreements to suspend or extend limitation

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...

9th Nov

COVID-19

In-house

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

Strike out—after a strike out order has been made

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

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 9th Nov

Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...

Produced in partnership with Jake Coleman of Hailsham Chambers 9th Nov

Practice notes

Cost orders—interest

DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...

9th Nov

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...

9th Nov

In-house

Practice notes

Misrepresentation—what is inducement?

This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...

Produced in partnership with Charles Spragge of Druces 9th Nov

Most recent Enforcement content

Q&As

A Polish judgment has been registered for enforcement in the UK, but the defendant did not appeal the registration order in time. Is there a procedure to stay enforcement and apply for an instalment order or must this be done in the originating country?

We have assumed that the proceedings were commenced after 10 January 2015 and that enforcement is taking place under Regulation (EU) 1215/2012,...

1st Dec

Q&As

Can a third party debt order be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor?

A third party debt order (TPDO) is one of a suite of enforcement measures that a party can deploy when seeking to obtain monies from a judgment...

Produced in partnership with Ryan Turner of Lamb Chambers 1st Dec

Practice notes

Civil contempt proceedings—non-compliance with a court order or undertaking

Note: this Practice Note is relevant only to proceedings for contempt of court as considered under CPR 81 in force with effect from 1 October 2020 and...

Produced in partnership with Richard Shepherd of Albion Chambers 1st Dec

Practice notes

Obtaining a charging order over land

This Practice Note sets out the circumstances in which a charging order over property may be obtained under the Charging Orders Act 1979 (COA 1979)...

1st Dec

Practice notes

Brexit post implementation period—considerations for dispute resolution practitioners

This Practice Note addresses the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This...

1st Dec

Practice notes

Enforcement of judgments under Brussels I (recast)

This Practice Note provides guidance when seeking to enforce a judgment in the courts of England and Wales under the enforcement provisions in...

Produced in partnership with Giles Wheeler of Fountain Court Chambers 1st Dec

Practice notes

Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)—Brexit considerations

DefinitionsThis Practice Note using a number of definitions:•Hague Convention—Convention on Choice of Court Agreements concluded on 30 June 2005 at...

1st Dec

Brexit

Practice notes

Enforcement of judgments under Brussels I

This Practice Note sets out the application of Regulation (EC) 44/2001, Brussels I when dealing with the enforcement of judgments involving EU Member...

1st Dec

Practice notes

Recognition of judgments under Brussels I

This Practice Note considers the provisions in Articles 32–37 of Regulation (EC) 44/2001, Brussels I dealing with recognition of judgments. It sets...

Produced in partnership with Giles Wheeler of Fountain Court Chambers 1st Dec

Practice notes

Brexit implementation period—enforcement

This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from...

1st Dec

Brexit

Practice notes

Brussels I (recast)—application to the UK post IP completion day (enforcement)

This Practice Note considers the impact of the UK leaving the EU on the application of Regulation (EU) 1215/2012, Brussels I (recast) to the...

1st Dec

Precedents

Witness statement in support of an anti-enforcement injunction

Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For guidance, see...

Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 1st Dec

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

30th Nov

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?

An order for sale is an order from the court. It follows a standard form. The order for sale does not take effect if, by a certain time and day, the...

Produced in partnership with Kevin Leigh of 33 Bedford Row 29th Nov

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?

Charging ordersCivil Procedure Rules 1998 (CPR 1998), SI 1998/3132, Pt 73 makes provision for a judgment creditor to obtain a charging order over a...

Produced in partnership with Alex Campbell of Field Court Chambers 29th Nov

Practice notes

Registration of a charging order over land

IntroductionA charging order over land must be protected by registration at every stage of the process of obtaining the order so as to secure the...

29th Nov

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?

This Q&A considers the procedure which a party to an order must follow if it wishes to make an application to vary its terms. This response is...

29th Nov

Practice notes

Order for sale—next steps after obtaining an order for sale

This Practice Note provides guidance as to conducting the sale under an order for sale pursuant to a charging order, including the method of sale...

29th Nov

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...

29th Nov

Q&As

For the purpose of benefitting from section 73 of the Solicitors Act 1974—ie that a solicitor can obtain a charging order over an interim costs order which takes priority over the client’s liquidator’s right to such sum—does the solicitor have to obtain the charging order before the client goes into liquidation, or can it be obtained after the commencement of the liquidation?

This response deals with the question whether a solicitor can apply under section 73 of the Solicitors Act 1974 (SA 1974) to obtain a charging order...

Produced in partnership with Hannah Drozdz of Gately PLC 29th Nov