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Latest Dispute Resolution News

Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

The following Commercial news provides comprehensive and up to date legal information on Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

Exclusion clauses in online consumer contracts (Green v Betfred)

Exclusion clauses in online consumer contracts (Green v Betfred)

The following Commercial news provides comprehensive and up to date legal information on Exclusion clauses in online consumer contracts (Green v Betfred)

Contempt—High Court declines to proceed on its own initiative (Isbilen v Selman Turk)

Contempt—High Court declines to proceed on its own initiative (Isbilen v Selman Turk)

The following Dispute Resolution news provides comprehensive and up to date legal information on Contempt—High Court declines to proceed on its own initiative (Isbilen v Selman Turk)

Litigation in France—evolving landscape

Litigation in France—evolving landscape

The following Dispute Resolution news provides comprehensive and up to date legal information on Litigation in France—evolving landscape

Featured Dispute Resolution content

Forming enforceable contracts—consideration

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

Quia timet injunctions

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...

Forum non conveniens—scope and application

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...

The tort of deceit

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...

Practice notes

Drafting the particulars of claim and reply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
tag iconIn-house
Practice notes

Norwich Pharmacal orders—procedure for application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes

Claim for subrogation—a restitutionary remedy

What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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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...
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9th Nov
Practice notes

Economic tort of conspiracy

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...
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9th Nov
Practice notes

Loss of chance damages

This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan
Practice notes

Interest on judgment debts

This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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9th Nov
Practice notes

Jurisdiction—determining an individual’s domicile

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering jurisdiction. For...
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9th Nov
Practice notes

Security for costs—requirements and conditions (CPR 25.13)

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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9th Nov
Practice notes

Detailed assessment—interim and final costs certificates

What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...
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9th Nov
Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...
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Produced in partnership with Jake Coleman of Hailsham Chambers 12th Jan
Precedents

Model paragraphs for standard multi-track directions

This Precedent and Drafting Note provide guidance on key model directions from the justice.gov.uk website’s ‘menu of model paragraphs’. They should be...
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9th Nov

Most recent Cross border evidence content

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...
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12th Apr
tag iconBrexit
Practice notes

Use of confidential information in civil proceedings

This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...
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12th Apr
Precedents

Witness statement in support of application for a letter of request under the Taking of Evidence Regulation [Archived]

An application can no longer be made in the courts of England and Wales for the taking of evidence under Regulation (EC) 1206/2001, the Taking of...
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9th Apr
Precedents

Letter of request (Form A)—Taking of Evidence Regulation [Archived]

An application can no longer be made in the courts of England and Wales for the taking of evidence under Regulation (EC) 1206/2001, the Taking of...
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9th Apr
Precedents

Draft order for issue of a letter of request under the Taking of Evidence Regulation [Archived]

An application can no longer be made in the courts of England and Wales for the taking of evidence under Regulation (EC) 1206/2001, the Taking of...
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9th Apr
Precedents

Drafting note for application notice for a letter of request under the Taking of Evidence Regulation [Archived]

An application can no longer be made in the courts of England and Wales for the taking of evidence under Regulation (EC) 1206/2001, the Taking of...
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9th Apr
Precedents

Witness statement in support of application for a letter of request under the Hague Convention

Name: [insert]Witness Statement: [insert]Date: [insert]Exhibits: [insert][Date of translation: [insert date]]Claim No. [insert claim number].[IN THE...
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Produced in partnership with Leigh Callaway of Fladgate 9th Apr
Precedents

Letter of request for taking evidence

This Precedent is a Draft Letter of Request. The Precedent is taken from Annex A of Practice Direction 34 A. It is for use where the Taking of...
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Produced in partnership with Giles Wheeler of Fountain Court Chambers 9th Apr
Precedents

Drafting note for application notice for a letter of request under the Hague Evidence Convention

IntroductionApplication notice (Form N244)Application notice—Commercial Court (Form N244(CC)) (Word)These Drafting Notes are to be used in conjunction...
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Produced in partnership with Leigh Callaway of Fladgate 9th 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...
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8th Apr
Practice notes

Dispute resolution—data protection and GDPR considerations

On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills 8th Apr
Practice notes

Obtaining evidence—bilateral treaties

Coronavirus (COVID-19): if seeking to obtain evidence for use of evidence from abroad in UK proceedings or if seeking evidence in the UK for use in...
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8th Apr
Practice notes

Brexit implementation period—taking of evidence [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note considers the rules of taking of evidence as they will apply...
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8th Apr
tag iconBrexit
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...
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8th Apr
Practice notes

Disclosure—foreign language documents, translations and documents outside the jurisdiction

This Practice Note addresses some issues to consider where you have documents in a foreign language which are potentially relevant to the dispute and...
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29th Mar
Practice notes

Obtaining Evidence—Hague Taking of Evidence Convention

Coronavirus (COVID-19): if seeking to obtain evidence for use of evidence from abroad in UK proceedings or if seeking evidence in the UK for use in...
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11th Mar
Precedents

Draft order for issue of a letter of request under the Hague Convention

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...
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Produced in partnership with Leigh Callaway of Fladgate 24th Feb
Q&As

Can I compel a person who lives in France but owns land in England to give evidence in a County Court dispute?

An English court only has jurisdiction over someone that has consented to the jurisdiction of the court. Where a person who is overseas is not a party...
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13th Feb
Q&As

If I have provided a foreign language document in response to a Part 18 request, do I have to provide an English translation

There does not appear to be a specific rule under the Civil Procedure Rules 1998 or within any of the potentially applicable court guides which...
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11th Feb

Popular documents

LEXISNEXIS

Transferred malice

The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D

LEXISNEXIS

Non-UCITS retail schemes (NURS)

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on

LEXISNEXIS

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

LEXISNEXIS

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and