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Latest Dispute Resolution News

Intervening bankruptcy prevents decision on third party debt orders (Michael Wilson v Sinclair)

The following Dispute Resolution news provides comprehensive and up to date legal information on Intervening bankruptcy prevents decision on third party debt orders (Michael Wilson v Sinclair)

Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

The following Dispute Resolution news provides comprehensive and up to date legal information on Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

The following Commercial news provides comprehensive and up to date legal information on Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

Featured Dispute Resolution content

Strike out for abuse of process (civil) (CPR 3.4(2)(b))

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

Civil fraud—dishonesty and standard of proof

This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...

Part 36 offers—costs consequences of rejection or non-acceptance

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...

Extension of time

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

Practice notes

When is variation of a contract valid?

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...

9th Nov

Practice notes

Strike out—after a strike out order has been made

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

Permission to appeal—the application

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

Limitation—latent damage

BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...

9th Nov

Practice notes

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan

Practice notes

Unfair prejudice petition—what it is and when to use it

What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Litigant in person costs—financial loss and hourly rates

CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...

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

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

Making an additional claim under CPR 20—contribution and indemnity 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

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

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,...

9th Nov

In-house

Practice notes

Negligence—when is the duty of care breached?

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...

Produced in partnership with Professor Richard A Buckley 12th Jan

Practice notes

Proprietary estoppel

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

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Practice notes

Novation—why and how to novate a contract

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...

Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan

In-house

Practice notes

Promissory estoppel

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Applications—general content

Practice notes

Adjourning interim hearings

Adjourning interim hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...

12th May

Q&As

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data protection and privacy requirements, particularly in respect of using video conferencing technology for hearings? What are your thoughts on (a) concerns regarding privacy in video hearings eg participants’ homes, (b) privacy issues surrounding platform security, (c) the management of public access to video hearings, (d) the management of new GDPR/Data Protection Act issues and compliance (eg who is recording hearings, what measures are the court putting in place for data security, GDPR obligations such as data minimisation etc)?

What practical insight/tips do you have on how coronavirus (Covid-19) has impacted compliance with the General data Protection Regulation (GDPR), data...

Produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP 12th May

COVID-19

Practice notes

Commercial Court—interim applications

Commercial Court—interim applicationsCommercial Court Rolls BuildingAs of 25 April 2017, CE-File electronic working is mandatory for all professional...

12th May

Practice notes

Application hearings

Application hearingsThis Practice Note provides guidance on application hearings under Part 23 of the CPR. It includes practical tips on how to...

12th May

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...

7th May

COVID-19

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

5th May

COVID-19

Q&As

When must an order be served on a respondent following a without notice application?

In many cases the court will serve the order.Where the applicant is to serve, the precise requirements for serving the order are likely to vary...

5th May

Practice notes

Making an application

This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice...

4th May

In-house

Practice notes

Extension of time

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

29th Apr

COVID-19

Practice notes

Statements of truth

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

29th Apr

Practice notes

Interim applications—costs recovery

This Practice Note highlights that such costs are not recoverable as of right and identifies issues to be considered when determining whether, and to...

28th Apr

Practice notes

Permission to appeal—preliminary considerations

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

27th Apr

Practice notes

Skeleton arguments

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

26th Apr

Precedents

Precedent instructions or brief to counsel

[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...

26th Apr

Practice notes

TCC—making an application

This Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks at specific provisions...

23rd Apr

Practice notes

Obtaining a transcript of a hearing

Recording and transcription of hearingsCPR 39.9 sets out the provisions relating to the recording and transcription of proceedings and provides...

8th Apr

Practice notes

Relief from sanctions—the application

This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...

8th Apr

COVID-19

Practice notes

Electronic applications in the TCC CLCC [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. Throughout this Practice Note, references to:•TCC are to the Technology and...

8th Apr

Practice notes

Witness statements for specific applications

This Practice Note provides general guidance on evidence in support of interim applications by way of witness statements. It considers when you are...

8th Apr

Practice notes

Court etiquette

The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...

8th Apr