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Latest Dispute Resolution News

Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

The following Dispute Resolution news provides comprehensive and up to date legal information on Desirability of proceeding against all defendants in the same jurisdiction takes libel claim over section 9 jurisdiction hurdle (Soriano v Forensic News)

Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

The following Dispute Resolution news provides comprehensive and up to date legal information on Exception permits admission in evidence of ‘without prejudice’ statements from mediation (Berkeley Square Holdings v Lancer Property Asset Management)

Court of Appeal strikes out Quincecare and dishonest assistance claims (Stanford v HSBC)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal strikes out Quincecare and dishonest assistance claims (Stanford v HSBC)

Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

The following Corporate Crime news provides comprehensive and up to date legal information on Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

Featured Dispute Resolution content

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...

Proprietary estoppel

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

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...

Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

Produced in partnership with Charles Spragge of Druces 12th Jan

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

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Produced in partnership with Professor Richard A Buckley 12th Jan

In-house

Practice notes

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),...

Produced in partnership with Zainab Hodgson of CMS 12th Jan

Practice notes

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Nov

In-house

Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

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...

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

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...

Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan

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

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

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

Application of the decision in Owusu v Jackson—key and illustrative decisions

This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...

9th Nov

Practice notes

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

9th Nov

Practice notes

Forming enforceable contracts—the court's general approach

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...

9th Nov

Practice notes

Protective costs orders

Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...

9th Nov

Most recent EU law content

Practice notes

Overview of the EU legal system

Introduction to the EU legal systemThe EU legal system is sui generis—there is no other legal system it can be compared to, though it draws elements...

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th Apr

Brexit

Practice notes

The Service Regulation—service outside the jurisdiction

This Practice Note explains the application of the Service Regulation. Service under the regulation is only applicable between the UK and EU Member...

Produced in partnership with Camilla McPherson 16th Apr

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...

16th Apr

Brexit

Practice notes

European small claims procedure

This Practice Note is for use in cases in which the procedure was commenced prior to IP completion day (31 December 2020 at 11 pm) and the...

8th Apr

Practice notes

Obtaining evidence—Taking of Evidence Regulation (evidence for use in EU Member States)

This Practice Note is for use when applying for evidence to be taken in the courts of England and Wales for use in an EU Member State where the...

8th Apr

Practice notes

European Account Preservation Orders

This Regulation does not apply to accounts held in the UK. However, UK entities and banks holding accounts or operating in participating EU Member...

8th Apr

Practice notes

European small claims procedure—up to 13 July 2017 [Archived]

Amendments in force on 14 July 2017ARCHIVED: This Practice Note has been archived and is not maintained.The European Small Claims Procedure Regulation...

8th Apr

Practice notes

European order for payment procedure

This Practice Note is for use in cases in which the order was applied for prior to IP completion day (31 December 2020 at 11 pm) and the transitional...

8th Apr

Practice notes

Obtaining evidence—Taking of Evidence Regulation (evidence from EU Member States)

This Practice Note is for use when applying for the taking of evidence in an EU Member State where the transitional provisions for taking of evidence...

8th Apr

Practice notes

Brexit implementation period—European cross border processes [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of European cross border processes as they...

8th Apr

Brexit

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and concepts with reference to the...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 8th Apr

Brexit

Practice notes

Retained EU law—quick guide

Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended, in connection with Brexit, creating a...

8th Apr

Practice notes

The status of EU law in the UK after Brexit

This Practice Note provides background reading on the key forms and principles of EU law and legislation, examining the impact of Brexit on EU-derived...

Produced in partnership with Carl Gardner of Head of Legal 8th Apr

Brexit

Practice notes

Introduction to the Court of Justice of the European Union

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 8th Apr

Brexit

Practice notes

Structure and functions of EU institutions and bodies

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

8th Apr

Brexit

Practice notes

List of EU member states and official languages

Membership of the European Union has steadily grown since its founding members formed the European Coal and Steel Community in 1952, followed by the...

7th Apr

Brexit

Practice notes

Guide to the Court of Justice of the European Union

This Practice Note provides a brief description of the Court of Justice of the European Union and provides a list of links for further information....

7th Apr

Brexit

Practice notes

Guide to the European Commission

The European Commission comprises 27 Commissioners, one from each Member State, including the President, Vice-Presidents and the High Representative...

7th Apr

Brexit

Practice notes