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Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

Proprietary estoppel

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

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...

Derivative claim—what it is and when to use it

A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...

Practice notes

CPR Part 8 claims (alternative procedure for claims)

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

Default judgment—setting aside under CPR 13.3

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

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

Default judgment—general principles for setting aside

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

9th Nov

Practice notes

Just and equitable winding-up—what it is and when to use it

A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...

Produced in partnership with Mark Hubbard of New Square Chambers 9th Nov

Practice notes

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 9th Nov

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 9th Nov

In-house

Practice notes

Fixed costs—fast track trial costs

This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...

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

Limitation—professional negligence claims

This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...

9th Nov

Practice notes

Security for costs—making an application

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...

9th Nov

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

9th Nov

Practice notes

Contract interpretation—terms implied by custom and usage

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

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

Costs of discontinuing a claim—the general rule

What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...

9th Nov

Practice notes

Allocation of claims to a track

What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...

9th Nov

Most recent Evidence and disclosure content

Practice notes

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

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

27th Nov

Brexit

In-house

Precedents

Witness statement in support of the defendant’s application for permission to make an additional claim against a third party

Filed on behalf of the DefendantWitness statement of [insert name]Number of witness statement: [insert number of witness statement in relation to the...

27th Nov

Precedents

Witness statement in support of the defendant’s application for permission to make an additional claim against a co-defendant

Filed on behalf of the defendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

27th Nov

Practice notes

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

Coronavirus (COVID-19): If making an application to obtain evidence, from an EU Member State for use in UK proceedings, this may be affected by the...

27th Nov

Practice notes

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

Coronavirus (COVID-19): If making an application to obtain evidence, from the UK for use in proceedings in an EU Member State, this may be affected by...

27th Nov

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...

26th Nov

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...

26th Nov

COVID-19

Practice notes

Witness statements—substantive content

This Practice Note provides general guidance for the drafting of the substantive content in factual witness statements under Part 32 of the CPR. In...

26th Nov

Practice notes

Brexit—implications for data protection

This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...

26th Nov

Brexit

In-house

Practice notes

Expert testimony

This Practice Note considers the importance of experts’ testimony and credibility at trial and, accordingly, the weight that may be given to expert...

26th Nov

COVID-19

Practice notes

Introduction to the EU GDPR and UK GDPR

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...

25th Nov

In-house

Practice notes

Dispute resolution—data protection and GDPR considerations

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

Produced in partnership with Charlie Morgan (Senior Associate, Digital Law Lead (UK)) of Herbert Smith Freehills 24th Nov

Q&As

Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs incurred by the unauthorised individual be recovered by the litigant in person? Does legal professional privilege apply as between a litigant in person and the unauthorised individual?

The potential breach of the Legal Services Act 2007 (LSA 2007)The ‘conduct of litigation’ is a reserved legal activity for the purposes of the Legal...

Produced in partnership with Alex Bagnall of Total Legal Solutions 23rd Nov

Q&As

While the doctrine of common interest privilege appears likely to apply to co-defendants or prospective co-defendants in a set of proceedings with different legal representation, what would happen where one defendant subsequently issued an additional claim for contribution under CPR 20 against a co-defendant? Would common interest privilege no longer apply?

Generally, common interest privilege may arise in respect of privileged communications between parties sharing the same interest, even in...

23rd Nov

Practice notes

Disclosure pilot scheme—illustrative decisions

This Practice Note sets out a selection of illustrative cases from January 2019 relevant to the disclosure pilot scheme in the Business and Property...

23rd Nov

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...

20th Nov

Q&As

When a solicitor instructs counsel to appear at a hearing and advise generally in respect of a matter, should the barrister be considered a processor, a controller or a joint controller (along with the solicitor) of the data?

The General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, in force from 25 May 2018, distinguishes between ‘data controllers’ and ‘data...

20th Nov

Q&As

Is a law firm a data controller or data processor under the General Data Protection Regulation, Regulation (EU) 2016/679? If a law firm acts as data processor, what contractual terms are required?

In the vast majority of cases, solicitors will act as the data controller in relation to personal data processed in connection with a client’s...

20th Nov

Practice notes

Witness evidence—giving evidence at trial

This Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a factual witness is allowed to give oral...

19th Nov

COVID-19

Practice notes

Electronic disclosure—Electronic Documents Questionnaire (EDQ)

This Practice Note should be read in conjunction with Practice Note: Electronic Documents Questionnaire (EDQ)—frequently asked questions.Note: This...

18th Nov