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Determining interim applications

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Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Dispute Resolution weekly highlights—23 September 2021

Dispute Resolution weekly highlights—23 September 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—23 September 2021

Deloitte partners escape £19m claim over Barclays swaps

Deloitte partners escape £19m claim over Barclays swaps

The following Banking & Finance news provides comprehensive and up to date legal information on Deloitte partners escape £19m claim over Barclays swaps

Russian bank's £1.3bn fraud trial delayed over bankruptcy

Russian bank's £1.3bn fraud trial delayed over bankruptcy

The following Dispute Resolution news provides comprehensive and up to date legal information on Russian bank's £1.3bn fraud trial delayed over bankruptcy

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Submission of no case to answer

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

The doctrine of res judicata

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...

Serving outside the jurisdiction with court permission—application and order

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...

Practice notes

What is a tort?

What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes

How to apply for a third party debt order (TPDO)

How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
tag iconIn-house
Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes

Fixed costs—money claims

Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes

Witness summons

Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
tag iconCOVID-19
Practice notes

Costs budgeting—completing Precedent H (costs budget)

Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes

Contract interpretation—terms implied by law

Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes

The tort of procuring a breach of contract

The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes

Documents to be served on the defendant

Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Determining interim applications content

Practice notes

Determination of an application without a hearing (on the papers)

Determination of an application without a hearing (on the papers)Coronavirus (COVID-19): The guidance detailing normal practice set out in this...
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24th Sep
Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

Remote hearings in civil proceedings via video-conferencing and telephoneThis Practice Note gives guidance on remote hearings, via video-conference...
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22nd Sep
tag iconCOVID-19
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...
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21st Sep
Practice notes

Interim applications—costs recovery

Interim applications—costs recoveryThis Practice Note highlights that such costs are not recoverable as of right and identifies issues to be...
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20th Sep
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...
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20th Sep
Practice notes

Applications without hearings

Applications without hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
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15th Sep
Practice notes

Forms of address for the judiciary

Forms of address for the judiciaryThere are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply...
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9th Sep
Practice notes

Court etiquette

Court etiquetteThe 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...
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9th Sep
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...
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Produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP 9th Sep
tag iconCOVID-19
Q&As

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
tag iconCOVID-19
Q&As

When preparing a court bundle, what is the requirement (or general practice) when referencing a legal text within the bundle?

When preparing a court bundle, what is the requirement (or general practice) when referencing a legal text within the bundle?Status of practice...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 9th Sep
Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
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Produced in partnership with James Tunley of Lamb Chambers 9th Sep
tag iconCOVID-19
Practice notes

Obtaining a transcript of a hearing

Obtaining a transcript of a hearingRecording and transcription of hearingsCPR 39.9 sets out the provisions relating to the recording and transcription...
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24th Aug
Q&As

What is the procedure for applying for anonymity when issuing a claim form?

What is the procedure for applying for anonymity when issuing a claim form?Non-disclosure orderThe general rule is that a hearing is to be in public:...
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18th Aug
Q&As

If a claim is struck out following the claimant’s non-attendance at the hearing of the application to strike out and the claimant did not receive notification of the hearing date, can the claimant apply for the strike out to be set aside/appealed and what is the time limit for doing so?

If a claim is struck out following the claimant’s non-attendance at the hearing of the application to strike out and the claimant did not receive...
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1st Aug
Q&As

Should I appeal an order made under CPR 39.3 or make an application under CPR 39.3(3)?

Should I appeal an order made under CPR 39.3 or make an application under CPR 39.3(3)?The power of the court to strike out and restore proceedings...
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31st Jul

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