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.
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
HM Courts and Tribunals Service (HMCTS) has published a Court Forms Destination Table setting out changes to Chancery Division forms to support the...
The Law Commission has launched a consultation proposing reforms to the product liability regime under Part 1 of the Consumer Protection Act 1987 in...
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...
Exhibits to witness statements and affidavitsThis Practice Note focuses on exhibits to factual witness statements and affidavits. It explains what an exhibit is and sets out practical considerations to take into account when preparing exhibits, setting out where the requirements differ between
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
Single joint expertsThis Practice Note explains when you might choose or be ordered to appoint a single joint expert (SJE) (under CPR 35.1 and CPR 35.2(2)). It looks at selection, appointment, instruction, conduct and fees and track and court specific guidance. Guidance is also given on how to
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
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