Determining interim applications

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

Practice notes

The doctrine of merger in judgment

What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...

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

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...

9th Nov

COVID-19

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 12th Jan

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

Charging orders—what are they and when to use them—CPR 73

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...

9th Nov

Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...

Produced in partnership with Charles Spragge of Druces 12th Jan

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

Practice notes

Rome Convention—introduction and interpretation

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...

9th Nov

Practice notes

Hague Service Convention—service outside the jurisdiction

Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...

9th Nov

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

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...

9th Nov

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

Contract interpretation—terms implied by custom and usage

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

9th Nov

Practice notes

Without prejudice communications

This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...

9th Nov

In-house

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...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

Applications without hearings

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

18th Jan

Practice notes

Non-attendance by the parties at trial

For guidance on non-attendance by a party at an interim hearing, see Practice Note: Application hearings—Non-attendance by a party.What can I do if I...

18th Jan

COVID-19

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...

18th Jan

Practice notes

Public and private hearings

This Practice Note should be read in conjunction with Practice Notes:•Disclosure—collateral use of documents—which deals with CPR 31.22(1)(a)...

18th Jan

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...

18th Jan

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...

18th Jan

Practice notes

Forms of address for the judiciary

There are certain protocols that need to be followed when addressing members of the judiciary. These protocols apply both to communications by way of...

18th Jan

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?

At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...

Produced in partnership with James Tunley of Lamb Chambers 8th Jan

COVID-19

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)?

ICO’s approach in light of coronavirus (COVID-19)On 15 April 2020, the UK’s supervisory body for data protection, the Information Commissioner’s...

Produced in partnership with Hamish Corner and Shruti Goel of Shoosmiths LLP 8th Jan

COVID-19

Q&As

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

Status of practice directionsSection 13 of the Constitutional Reform Act 2005 (CRA 2005), CRA 2005, Sch 2, Pt 1 sets out a process by which the...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 8th Jan

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?

The response of the courts to the coronavirus (COVID-19) pandemic has been patchy and confused. The position changes from day-to-day as to whether...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

COVID-19

Practice notes

Application hearings

This Practice Note provides guidance on application hearings under Part 23 of the CPR. It includes practical tips on how to prepare for an application...

2nd Dec

Q&As

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: CPR 39.2(1). However, the court may order that the identity of any party...

28th Nov

Q&As

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 under CPR 39.3?Pursuant to CPR 39.3, in the absence of a party, a court may proceed with...

28th Nov

Q&As