About Dispute Resolution
Trying to get to grips with the law underlying your dispute? Looking at trying to settle? Puzzled by costs and funding reforms? Out of your depth on jurisdiction issues?
Civil litigation costs and funding
Make use of our costs recovery toolkit, precedents practice notes, and completing costs budget checklist. As well as funding arrangements guidance, principles of costs recovery, costs budgeting and management.
Starting and progressing a civil claim
Choose from checklists, practice notes, flowcharts and precedents to help you understand and apply to your practice to all relevant provisions and obligations – and avoid consequences for non-compliance.
Starting and progressing a civil claim
Checklists and practice notes on areas like debt claims, corporate disputes, and civil fraud to make sure you’re familiar with the particular procedural provisions governing a dispute and the underlying substantive law.
Dispute Resolution Guidance
Trying to get to grips with the law underlying your dispute? Looking at trying to settle? Puzzled by costs and funding reforms? Out of your depth on jurisdiction issues?
Topics We Cover
Latest Dispute Resolution News
Arbitration analysis: The Court of Appeal held that proceedings brought solely to obtain security do not constitute ‘suit’ for the purposes of the...
Restructuring & Insolvency analysis: The High Court dismissed APL Holdco Limited’s petition to wind up a solvent Isle of Man company on the just and...
Dispute Resolution analysis: The High Court held that section 33(2) of the Senior Courts Act 1981 (SCA 1981) does not permit pre-action disclosure...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
The Government Legal Department (GLD) and Cabinet Office have published an updated list of authorised government departments under section 17 of the...
Latest Dispute Resolution Practice Notes
This Practice Note considers service on a State of documents required to institute proceedings. Section 12(1) of the State Immunity Act 1978 (SIA...
This Practice Note summarises the methods for effecting service of a claim form or other documents outside the jurisdiction. In relation to England...
This Practice Note considers the process of an inexperienced advocate drafting a skeleton argument in advance of a hearing in civil proceedings. It...
This ‘how to’ guide on understanding the civil litigation risk of ESG (environmental, social, and governance) considers and summarises the...
This Practice Note provides a high level oversight of the key issues for consideration in commercial cross-border disputes. A cross-border dispute is...
Latest Dispute Resolution Precedents
Note: This Precedent is a defendant Part 36 offer letter; it does not cover CPR 36 provisions that relate specifically to fixed costs cases. For...
This guide explains the main ways of resolving a civil dispute outside a court of law, often referred to as ‘alternative dispute resolution’ (ADR)....
This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...
This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...
This Agreement is made the [date] of [month and year]Between:1[Name of Party] of [address] (“the Discloser”)and2[Name of Party] of [address] (“the...
Latest Dispute Resolution Q&As
Featured Dispute Resolution content
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...
Negligence—key elements to establish a negligence claim
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contract
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
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...
Reserved judgments
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
Novation—why and how to novate a contract
Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
Void contracts
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
Negligence—when does a duty of care arise?
Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
Declaratory relief
Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
The different torts—property, people and animals
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
The application notice—form N244
The application notice—form N244This Practice Note provides guidance on completing the most common form of application notice, form N244.This Practice...
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...
Stay of civil 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...
Promissory estoppel
Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...
Grounds of appeal—appealing a finding of fact
Grounds of appeal—appealing a finding of factWhen will the court allow an appeal against a finding of fact?The appeal court will only allow an appeal...
Restitution for unjust enrichment—elements of the claim
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
Interest on judgment debts
Interest on judgment debtsThis Practice Note provides guidance on claiming interest on judgment debts.For information on claiming interest when...
Misrepresentation—what statements will establish a claim?
Misrepresentation—what statements will establish a claim?This Practice Note considers the requirement for there to be a false statement of fact for an...
Associated legal terms
Date ranges
A start and end period usually used to limit the extent to which a search for documents or a category of documents is applied
Distraint (distress)
The act or process where a person seizes the personal property of another, usually to satisfy payment of rent or other money owed.
Prejudgment interest
Prejudgment interest is interest awarded on a monetary claim for the period before judgment, compensating the claimant for being kept out of their money from the date the loss was suffered (or another relevant date) until the court’s decision. It increases the total judgment sum and can significantly affect litigation risk, settlement valuations and case strategy.
In England and Wales, prejudgment interest in civil claims is mainly governed by section 35A of the Senior Courts Act 1981, section 69 of the County Courts Act 1984 and, in contract and commercial matters, by statute or the contract itself (including the Late Payment of Commercial Debts (Interest) Act 1998). The court has discretion over whether to award interest, the rate and the period.
In Scotland, comparable awards are usually described as judicial interest, awarded under statute and common law. Northern Ireland has provisions similar to England and Wales, principally in the Judicature (Northern Ireland) Order 1980. In Ireland, prejudgment interest is provided for by the Courts Act 1981 and related legislation. Across all four jurisdictions, it is generally discretionary and distinct from post‑judgment interest.
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