Effectively managing evidence is crucial for success in dispute resolution. This guidance empowers practitioners with insights on gathering, preserving, and presenting evidence strategically to strengthen their cases and achieve favourable outcomes. Disclosure procedures play a pivotal role in dispute resolution. Our expert advice helps practitioners navigate the intricacies of disclosure, ensuring compliance while leveraging information to their advantage throughout the litigation process.
Dispute Resolution analysis: The High Court held that an insurer’s pre-action admission of liability made through its loss adjusters in 2022 bound the...
PI & Clinical Negligence analysis: In BS (a child proceeding by his mother and litigation friend) v Greene King Brewing and Retailing Ltd, Oxford...
His Majesty the King has set out the government’s priorities and proposed policies for the next parliamentary session at the State Opening of...
Arbitration analysis: The High Court refused Clyde & Co LLP’s application under section 37 of the Senior Courts Act 1981 for an anti-suit injunction...
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Bankers Trust ordersThis Practice Note explains the court’s ability to make a Bankers Trust order and the nature of such an order. It examines the origins of this equitable jurisdiction; and describes the requirements to be shown for the court to make such an order. The guidance will also address
What is the difference between exchange of witness statements and service of witness statements in a court order (which doesn't specify exchange)?Timing of service of witness statementsIn some cases, the court orders that the parties serve witness statements at different times, so that one party’s
Pre-action disclosure—key considerations and casesThe purpose of pre-action disclosureAn applicant may ask a court to order that a potential defendant to civil proceedings should disclose to them (before proceedings have begun) documents likely to be in the potential defendant’s control that they
Disclosure Scheme—Initial DisclosureThis Practice Note considers the provision of Initial Disclosure with a party’s statement of case under the Disclosure Scheme in operation in the Business and Property Courts (B&PCs) under CPR PD 57AD. It considers what must be provided, the obligations on the
0330 161 1234