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Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

The following Dispute Resolution news provides comprehensive and up to date legal information on Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

Hague Judgments Convention unlikely to prompt sea change away from arbitration

Hague Judgments Convention unlikely to prompt sea change away from arbitration

The following Arbitration news provides comprehensive and up to date legal information on Hague Judgments Convention unlikely to prompt sea change away from arbitration

Article 27 in personality rights claims—Lugano’s swansong? (Wright v Granath)

Article 27 in personality rights claims—Lugano’s swansong? (Wright v Granath)

The following Dispute Resolution news provides comprehensive and up to date legal information on Article 27 in personality rights claims—Lugano’s swansong? (Wright v Granath)

Dubai International Financial Centre Court of Appeal opens door to foreign judgments

Dubai International Financial Centre Court of Appeal opens door to foreign judgments

The following Arbitration news provides comprehensive and up to date legal information on Dubai International Financial Centre Court of Appeal opens door to foreign judgments

Featured Dispute Resolution content

Tort—the different types of tort

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Negligence—when is the duty of care breached?

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...

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...

Drafting the particulars of claim and reply

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...

Practice notes

Submission of no case to answer

IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...
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9th Nov
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

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

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...
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9th Nov
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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...
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9th Nov
Practice notes

Costs and the indemnity principle

This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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9th Nov
Practice notes

Relief from sanctions—the 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
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Practice notes

Applications without notice

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
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...
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9th Nov
Precedents

Particulars of claim—contractual debt claim

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
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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...
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9th Nov
Practice notes

Restitution for unjust enrichment—elements of the claim

What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
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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...
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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...
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9th Nov
Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...
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Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 12th Jan
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:...
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9th Nov
Practice notes

Misrepresentation—what is inducement?

This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
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Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent After an application content

Practice notes

Review of a court’s interim decision

ReconsiderationThe court has a power to reconsider its decision in an interim application at any point up to the time the order is drawn up.It is at...
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18th Jan
Practice notes

Judgments and orders—drafting and formalities

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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18th Jan
Practice notes

Relief from sanctions—when (and when not) to use

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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18th Jan
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Practice notes

Interim applications—costs recovery

Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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18th Jan
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...
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7th Jan
Practice notes

Varying or revoking orders—court's general power under CPR 3.1(7)

IntroductionWhile it is important for parties to litigation to be able to rely upon the court’s decisions, there are certain circumstances where a...
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4th Jan
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Q&As

Is it possible to remove an entry from the Register of Judgments and Orders where a judgment has not been satisfied? What is the correct court form, fee and procedure to use?

A judgment registration can only be removed from the register if it was:•entered in error•paid before the court date•cancelled due to full payment...
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28th Nov
Q&As

What is the process for seeking costs against a claimant who has had a claim struck out for non-payment of trial fees?

The basis of the ability to recovery costs is set out in CPR 3.7A1(6) which deals with the sanctions applicable when there is non-payment of the trial...
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28th Nov
Practice notes

Judgments and orders—service, compliance, interpretation

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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25th Nov

Popular documents

LEXISNEXIS

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several

LEXISNEXIS

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to

LEXISNEXIS

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if

LEXISNEXIS

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 whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of