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Mastercard v Merricks—an important year for collective proceedings and representative actions

The following Dispute Resolution news provides comprehensive and up to date legal information on Mastercard v Merricks—an important year for collective proceedings and representative actions

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Respondents to inquiries under cross-undertakings are not entitled to security for costs (JSC Karat-1 v Tugushev)

The following Dispute Resolution news provides comprehensive and up to date legal information on Respondents to inquiries under cross-undertakings are not entitled to security for costs (JSC Karat-1 v Tugushev)

Featured Dispute Resolution content

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

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)...

Summary judgment applications—what, who and when

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

Privilege—joint and common interest privilege

This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...

Practice notes

Grounds of appeal—introducing new evidence

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

9th Nov

Practice notes

Notice to admit facts

What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...

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...

9th Nov

Practice notes

Witness evidence—similar facts evidence

Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...

9th Nov

Practice notes

Strike out applications—what, who and when

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

9th Nov

Practice notes

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...

9th Nov

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...

Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan

Scottish Law

Practice notes

Challenging court jurisdiction—general principles

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...

9th Nov

Practice notes

Contractual damages—non-pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

Practice notes

Public access to court documents and information in civil proceedings

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...

9th Nov

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...

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

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...

9th Nov

Practice notes

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

9th Nov

Precedents

Consent order

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...

9th Nov

Most recent Privilege/without prejudice content

Q&As

My firm has received a document from the other side which appears to be privileged. What should I do?

Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that...

Produced in partnership with Sarah Mumford of Sarah Mumford 9th Apr

Practice notes

The Investigatory Powers Act 2016—an introductory guide

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Eric Metcalf of Monckton Chambers and Carolina Bracken of 5 Paper Buildings 9th Apr

Precedents

Draft response on inadvertently receiving privileged material

Dear [insert organisation name]We write in response to your letter of [insert date] concerning documents you sent to us on [insert date], which you...