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Latest Dispute Resolution News

Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

The following Corporate news provides comprehensive and up to date legal information on Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Featured Dispute Resolution content

What is a tort?

What is a tort?

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...

Hearsay evidence in civil litigation

Hearsay evidence in civil litigation

Hearsay evidence in civil litigationThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....

Pre-action disclosure—the application

Pre-action disclosure—the application

Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and...

Mediation—advantages and disadvantages

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...

Practice notes

Costs and the indemnity principle

Costs and the indemnity principleThis Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The...
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19th May
Practice notes

Enforcing a writ of control—judgment creditor—frequently asked questions

Enforcing a writ of control—judgment creditor—frequently asked questionsThis Practice Note, produced in conjunction with enforcement specialists, The...
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Produced in partnership with David W Carter of The Sheriffs Office 19th May
Practice notes

Defences to Tort Claims

Defences to Tort ClaimsDefending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 19th May
tag iconIn-house
Precedents

List of documents—standard disclosure (with drafting notes)

The list of documents should generally be completed on Form N265 (List of documents: standard disclosure). However, different forms apply depending on...
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19th May
Q&As

Is there a fee for filing a pre-trial checklist? In the fast track when do you have to file a costs estimate and what costs are recoverable under fixed costs in relation to fast track claims?

Is there a fee for filing a pre-trial checklist? In the fast track when do you have to file a costs estimate and what costs are recoverable under...
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19th May
Q&As

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast...
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19th May
Practice notes

Enforcing foreign judgments—Part II of the Administration of Justice Act 1920 (the 1920 Act)

Enforcing foreign judgments—Part II of the Administration of Justice Act 1920 (the 1920 Act)This Practice Note sets out the application of the...
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Produced in partnership with Laurence Emmett 19th May
Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As

Where a contractual offer is stipulated to be open until a specified date but the offeree signs an ‘acceptance of offer’ after the specified date, will a resulting binding agreement have arisen or was the offer automatically withdrawn and no longer capable of acceptance once the deadline passed?

Where a contractual offer is stipulated to be open until a specified date but the offeree signs an ‘acceptance of offer’ after the specified date,...
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19th May
Practice notes

Mitigation in contractual breach claims

Mitigation in contractual breach claimsWhen is mitigation in contract claims relevant to consider?Even where causation and remoteness have been...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May
tag iconIn-house
Practice notes

Limitation—professional negligence claims

Limitation—professional negligence claimsThis Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains...
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19th May
Precedents

Drafting note for application notice for an order setting aside default judgment

This Precedent gives guidance on how to complete Form N244 making an application to set aside judgment in default on the grounds the defendant has a...
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19th May
Practice notes

Which enforcement of judgment method should I choose?

Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...
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19th May
Q&As

Does CPR PD 51ZA, which provides for parties to agree an extension of time for 56 days, apply to agreements to extend time for service of the defence? The practice direction does not make any reference to CPR 15.5.

Does CPR PD 51ZA, which provides for parties to agree an extension of time for 56 days, apply to agreements to extend time for service of the defence?...
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Produced in partnership with David Peachey 19th May
tag iconCOVID-19
Practice notes

Specific implement and interim specific implement in Scottish civil litigation

Specific implement and interim specific implement in Scottish civil litigationThis Practice Note considers the position on final orders for specific...
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Produced in partnership with Jim Cormack of Pinsent Masons 19th May
tag iconScottish Law
Q&As

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 19th May

Most recent Evidence and disclosure content

Practice notes

Liability of expert witnesses

Liability of expert witnessesIt is vital that experts are aware of their professional duties and comply with them accordingly. A failure to do so may...
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4th Aug
Practice notes

Business and Property Courts—the disclosure pilot scheme

Business and Property Courts—the disclosure pilot schemeIntroductionThis Practice Note considers the disclosure pilot scheme which applies across the...
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4th Aug
Practice notes

Expert evidence—general considerations

Expert evidence—general considerationsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...
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4th Aug
Practice notes

Choosing an expert

Choosing an expertThis Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for...
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4th Aug
Practice notes

Witness evidence—giving evidence at trial

Witness evidence—giving evidence at trialThis Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a...
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4th Aug
tag iconCOVID-19
Practice notes

Witness evidence—similar facts evidence

Witness evidence—similar facts evidenceSimilar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your...
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3rd Aug
Practice notes

Trial witness statements in the Business and Property Courts under CPR PD 57AC

Trial witness statements in the Business and Property Courts under CPR PD 57ACIntroductionThis Practice Note sets out the requirements for witness...
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3rd Aug
Practice notes

Expert witnesses, expert advisers and assessors

Expert witnesses, expert advisers and assessorsExpert witnesses, and those instructing them, are expected to have regard to:•all relevant CPR Rules...
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3rd Aug
Practice notes

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations

UK GDPR and EU GDPR—transfers of personal data internationally and to international organisationsIn briefData protection laws in both the EEA (the EU...
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3rd Aug
tag iconBrexit tag iconIn-house
Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...
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2nd Aug
tag iconCOVID-19
Practice notes

Disclosure—standard disclosure and the reasonable search

Disclosure—standard disclosure and the reasonable searchThis Practice Note provides guidance on conducting a reasonable search for standard disclosure...
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2nd Aug
Q&As

Can a notice to admit facts be served pre-action in correspondence?

Can a notice to admit facts be served pre-action in correspondence?The aim of a notice to admit facts is to save time and importantly, costs, because...
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1st Aug
Q&As

Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and for his lost work)

Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 1st Aug
Q&As

Where a trial has been adjourned after it has started, does a party need to issue a new witness summons? The original summons was issued with conduct money. Does a new witness summons, with further conduct money, have to be issued, or is it sufficient to simply notify the witness of the new trial dates and rely on the previous summons and conduct money?

Where a trial has been adjourned after it has started, does a party need to issue a new witness summons? The original summons was issued with conduct...
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1st Aug
tag iconCOVID-19
Q&As

In relation to witness summons in a civil case, a party has to offer or pay the witness travel expenses and compensation for loss of time. CPR 34.7 states ‘or’ in the sense that the witness need not be paid if they decline. If a party serves the witness summons itself, and the letter states ‘we will offer to pay you £X, do you accept this offer?’, will the witness summons still be valid if the witness says that they do not want the money? How can the loss of time element of the payment be worked out?

In relation to witness summons in a civil case, a party has to offer or pay the witness travel expenses and compensation for loss of time. CPR 34.7...
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1st Aug
Q&As

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does not—should this be considered on a case by case basis?

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does...
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1st Aug
Q&As

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3),...
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1st Aug
Q&As

I have accidentally sent the other side documents which are privileged. What should I do?

I have accidentally sent the other side documents which are privileged. What should I do?What is privilege?In English law, special protection is...
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1st Aug
Q&As

How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?

How can you challenge a witness statement in advance of trial or during trial, which is not written in the witness’s own native language?In responding...
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1st Aug
Q&As

What options are available when a judge reaches a different conclusion to the expert evidence?

What options are available when a judge reaches a different conclusion to the expert evidence?There are a number of options open to the parties and...
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1st Aug

Popular documents

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and

Parliamentary committees

Parliamentary committees

Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to

Mortgagees and tenants

Mortgagees and tenants

Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written evidence of consent must be obtained prior to completion of the lease. On the grant of an underlease, mortgagee’s consent in respect of any mortgage over

Dawn raid—who can raid my organisation and why?

Dawn raid—who can raid my organisation and why?

Dawn raid—who can raid my organisation and why?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional