Evidence and disclosure

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
Read More >
9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Read More >
9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
Read More >
Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
Read More >
Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
Read More >
9th Nov
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...
Read More >
Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Read More >
9th Nov
Practice notes
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
Read More >
9th Nov
Practice notes
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
Read More >
Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
Read More >
Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...
Read More >
9th Nov

Most recent Evidence and disclosure content

Q&As
As set out in the Practice Note: Expert reports, the expert's instructing party must pay the expert's fees in answering questions put under CPR 35.6,...
Read More >
28th Nov
Q&As
Ongoing obligationCPR 31 deals with the disclosure and inspection of documents. CPR 31.21 states that a party may not rely on any document which he...
Read More >
28th Nov
Q&As
Service of notice to proveA party is deemed to have admitted the authenticity of a document disclosed under CPR 31, unless you serve a notice (form...
Read More >
28th Nov
Q&As
CPR PD 51U, para 1.2 provides that the disclosure pilot applies in the Business and Property Courts:‘…The pilot applies from the Commencement Date for...
Read More >
28th Nov
Q&As
Small claims track—case managementClaims on the small claims track are known as small claims and are governed by CPR 27 and CPR PD 27.Parties on the...
Read More >
28th Nov
Q&As
The aim of a notice to admit facts is to save time and importantly, costs, because a party will not need to go through the expense of proving...
Read More >
28th Nov
Q&As
Disclosure obligations in multi-track claimsUnder CPR 31.5(2), unless the court orders otherwise, parties involved in multi-track cases (and which do...
Read More >
28th Nov
Q&As
Notices to admit are dealt with under CPR 32.18, which sets out the requirements and limits that apply, however no reference is made as to whether...
Read More >
28th Nov
Q&As
There may be instances when you know or suspect that a person or entity that is not a party to proceedings (a 'non-party' or 'third party') has...
Read More >
28th Nov
Q&As
In answering this Q&A, we have assumed that this Q&A is referring to the privilege against self-incrimination.Privilege against self-incrimination...
Read More >
28th Nov
Q&As
Although the Communications Act 2003 (CA 2003) does not appear to explicitly address the evidential status of either a CA 2003, s 106 direction or the...
Read More >
28th Nov
Q&As
Legal professional privilege (LPP)There are two different types of legal professional privilege—both of which protect the relevant information from...
Read More >
28th Nov
Q&As
This Q&A is limited to the instruction of a single joint expert to provide valuation evidence as to the value of a mixed use commercial property in...
Read More >
28th Nov
Precedents
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...
Read More >
26th Sep
Precedents
Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...
Read More >
26th Sep
Practice notes
This Checklist sets out some of the case management issues to be considered and addressed early in proceedings and before any case...
Read More >
25th Sep
Practice notes
Business and Property Courts—the disclosure pilot The disclosure pilot scheme commenced on 1 January 2019 and will run for two years....
Read More >
25th Sep

Popular documents