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Latest Dispute Resolution News

The value of co-funding in litigation funding

The value of co-funding in litigation funding

The following Dispute Resolution news provides comprehensive and up to date legal information on The value of co-funding in litigation funding

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal considers the withdrawal of admissions (J v A South Wales local authority)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

Featured Dispute Resolution content

Equitable remedies in contractual disputes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...

Negligent misstatement—defences and remedies

Negligent misstatement—defences and remedies

Negligent misstatement—defences and remediesThere are a number of ways in which liability for negligent misstatement may be avoided and/or limited....

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for...

Grounds of appeal—introducing new evidence

Grounds of appeal—introducing new evidence

Grounds of appeal—introducing new evidenceCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected...

Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and...
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19th May
Practice notes

Affidavits

AffidavitsImpact of coronavirus (COVID-19) on affidavitsThe social distancing required as a result of the coronavirus (COVID-19) pandemic is likely to...
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19th May
Practice notes

Relief from sanctions—the application

Relief from sanctions—the applicationThis Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from...
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19th May
tag iconCOVID-19
Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant'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
Practice notes

Rome II—application and interpretation

Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...
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19th May
Practice notes

Early Neutral Evaluation (ENE)

Early Neutral Evaluation (ENE)This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and...
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19th May
Practice notes

Summary judgment applications—what, who and when

Summary judgment applications—what, who and whenCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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19th May
Practice notes

Rome I—general provisions

Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...
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Produced in partnership with Angharad Parry of 20 Essex Street 19th May
tag iconIn-house
Q&As

Is there a fee for filing a pre-trial checklist? In the fast track when do you have to file a costs estimate and what costs are recoverable under fixed costs in relation to fast track claims?

Is there a fee for filing a pre-trial checklist? In the fast track when do you have to file a costs estimate and what costs are recoverable under...
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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

Single joint experts

Single joint expertsThis 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

Model ADR clauses

Model ADR clausesThis Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers,...
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19th May
Practice notes

Tracker—changes to CPR 6 and practice direction 6B

Tracker—changes to CPR 6 and practice direction 6BThe Civil Procedure (Amendment) Rules 2021—new rule 6.33(2B)(b)The Civil Procedure (Amendment) Rules...
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19th May
Precedents

Drafting note for application notice for a search order

General pointsAn application for a search order should be made using Form N244 (or Form N244(CC) if in the Commercial Court), see:•Application notice...
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19th May
Precedents

Drafting note for application notice for permission for the defendant to make an additional claim against a third party—Commercial Court

IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...
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19th May
Q&As

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 19th May

Most recent Injunctions content

Practice notes

Final injunctions

Final injunctionsThis Practice Note provides guidance on the circumstances in which the court may grant a final (or perpetual) injunction. There is a...
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23rd Jul
Q&As

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 22nd Jul
tag iconCOVID-19
Practice notes

Interim injunctions—the American Cyanamid guidelines

Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular...
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22nd Jul
Practice notes

Interim injunctions—cross-undertakings in damages

Interim injunctions—cross-undertakings in damagesThis Practice Note provides guidance on the interpretation and application of the relevant provisions...
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22nd Jul
Practice notes

Interim injunctions—variation, discharge and appeals

Interim injunctions—variation, discharge and appealsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may...
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21st Jul
Practice notes

Injunctions—key and illustrative decisions

Injunctions—key and illustrative decisionsThis Practice Note summarises a number of key and/or illustrative cases relevant to injunctions.For general...
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19th Jul
Practice notes

Interim delivery up orders and preservation of property

Interim delivery up orders and preservation of propertyThe courts have an array of tools available to them for ensuring that viable claims are not...
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14th Jul
Practice notes

Injunctions—guiding principles

Injunctions—guiding principlesWhat is an injunction?An injunction is defined in the glossary to the CPR as ‘a court order prohibiting a person from...
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14th Jul
Practice notes

Interim injunctions—on notice applications

Interim injunctions—on notice applicationsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected...
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14th Jul
Practice notes

Search orders—guiding principles

Search orders—guiding principlesThis Practice Note explains what a search order is (also known as an Anton Piller order, following the case Anton...
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14th Jul
Practice notes

Quia timet injunctions

Quia timet injunctionsWhat is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on...
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14th Jul
Precedents

Witness statement in support of an application for a prohibitory interim injunction

Witness statement in support of an application for a prohibitory interim injunctionFiled on behalf of the ClaimantWitness statement of [insert initial...
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14th Jul
Precedents

Witness statement opposing an application for a prohibitory interim injunction

Witness statement opposing an application for a prohibitory interim injunctionFiled on behalf of the DefendantWitness statement of [insert initial and...
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14th Jul
Precedents

Witness statement in opposition to the continuation of an interim prohibitory injunction granted without notice

Witness statement in opposition to the continuation of an interim prohibitory injunction granted without noticeFiled on behalf of the DefendantWitness...
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14th Jul
Precedents

Witness statement in support of a without notice application for a prohibitory interim injunction

Witness statement in support of a without notice application for a prohibitory interim injunctionFiled on behalf of the ClaimantWitness statement of...
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14th Jul
Practice notes

Freezing injunctions—interpretation and practical implications

Freezing injunctions—interpretation and practical implicationsAs discussed in Freezing injunctions—the draft order, the contents of a draft order for...
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13th Jul
Practice notes

Freezing injunctions—real risk of dissipation of assets

Freezing injunctions—real risk of dissipation of assetsThe requirement of real riskAn applicant for a freezing injunction must satisfy a number of...
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9th Jul
Practice notes

Freezing injunctions—guiding principles

Freezing injunctions—guiding principlesThis Practice Note introduces freezing injunctions, explaining what they are and the different types that can...
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8th Jul
Practice notes

Proprietary freezing injunctions

Proprietary freezing injunctionsThis Practice Note provides guidance on proprietary injunctions (also referred to as proprietary freezing injunctions)...
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8th Jul
Practice notes

Freezing injunctions—variation, discharge and appeals

Freezing injunctions—variation, discharge and appealsThis Practice Note provides guidance on the interpretation and application of the relevant...
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7th Jul

Popular documents

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose

AML and counter-terrorist financing—source of funds and source of wealth

AML and counter-terrorist financing—source of funds and source of wealth

AML and counter-terrorist financing—source of funds and source of wealthSource of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March 2018. Its findings included that:•most firms understood the distinction between

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)