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Latest Dispute Resolution News

Application of modified universalism where Article 4 of Brussels I (recast) is engaged (WWRT v Tyshchenko)

The following Dispute Resolution news provides comprehensive and up to date legal information on Application of modified universalism where Article 4 of Brussels I (recast) is engaged (WWRT v Tyshchenko)

Liability for costs of detailed assessment (Mullaraj v Home Secretary)

The following Dispute Resolution news provides comprehensive and up to date legal information on Liability for costs of detailed assessment (Mullaraj v Home Secretary)

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Part 36 and split trial—court refuses to make costs order until after damages quantified (Original Beauty Technology Company v G4K Fashion)

The following Dispute Resolution news provides comprehensive and up to date legal information on Part 36 and split trial—court refuses to make costs order until after damages quantified (Original Beauty Technology Company v G4K Fashion)

Featured Dispute Resolution content

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...

Issue estoppel

Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key...

Letter to client on disclosure obligations under CPR 31

This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD...

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...

9th Nov

In-house

Practice notes

Pre-action disclosure—the application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

9th Nov

COVID-19

In-house

Practice notes

Witness evidence—similar facts evidence

Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...

9th Nov

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Nov

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...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Precedents

Particulars of claim—breach of contract

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

9th Nov

Practice notes

Loss of chance damages

This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 12th Jan

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

Limitation—professional negligence claims

This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...

9th Nov

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

Practice notes

Service out of the jurisdiction—methods of effecting service

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

Produced in partnership with Camilla McPherson 12th Jan

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

9th Nov

Precedents

Drafting note for application notice to extend time for filing the defence

Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...

9th Nov

COVID-19

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...

9th Nov

In-house

Most recent Key DR developments content

Practice notes

CE-File—electronic filing and case management in the Rolls Building and other courts

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

5th May

COVID-19

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

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

5th May

COVID-19

Practice notes

Your client and the court—regulatory requirements

This Practice Note explains the regulatory requirements imposed by the SRA in relation to litigation and advocacy, and provides guidance on the need...

5th May

Practice notes

Dispute Resolution News Analysis—Brexit

This Practice Note lists News Analysis since 31 January 2020, when the UK left the EU ie exit day. It covers a range of issues concerning the...

5th May

Brexit

Practice notes

Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the...

5th May

Brexit

Practice notes

Coronavirus (COVID-19)—FCA non-damage business interruption insurance test case

Unlike conventional perils such as fire or flood, an outbreak of a virus cannot so easily be located at a particular place and time. The 2020...

Produced in partnership with James Beeton of 12 King's Bench Walk and Cressida Mawdesley-Thomas of 12 King's Bench Walk 5th May

COVID-19

Practice notes

Court fees in civil proceedings

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

5th May

Practice notes

Tracker—legislation and consultations—Dispute Resolution

5th May

Practice notes

Arbitral organisations and coronavirus (COVID-19)—practical impact

The table below summarises some of the key information regarding the practical impact of the coronavirus (COVID-19) pandemic on arbitration...

4th May

COVID-19

Practice notes

Online Civil Money Claims pilot scheme—CPR PD 51R

This Practice Note identifies a pilot scheme to test an online court environment in County Court money claims called the ‘Online Civil Money Claims...

4th May

Practice notes

County Court Online pilot scheme—CPR PD 51S

This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...

4th May

Practice notes

Standstill agreements to suspend or extend limitation

As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...

4th May

COVID-19

In-house

Practice notes

Dispute resolution: key appeal cases—2021

One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case law that affect their practice area, or,...

4th May

Practice notes

Dispute Resolution—pre-action and preliminary considerations annual round-up: reviewing 2017 and previewing 2018 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

4th May

Practice notes

Adjourning trial

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules. Depending on the...

Produced in partnership with Mark Surguy of Weightmans 4th May

COVID-19

Practice notes

Brexit timeline

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017,...

4th May

Brexit

Practice notes

Coronavirus (COVID-19) implications for PI and clinical negligence

This Practice Note aims to cover procedural guidance and other points of interest specifically relevant to PI and clinical negligence matters in...

30th Apr

COVID-19

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and concepts with reference to the...

Produced in partnership with Dr. Kieran Laird of Gowling WLG 29th Apr

Brexit

Practice notes

Extension of time

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

29th Apr

COVID-19

Practice notes

Introduction to the Court of Justice of the European Union

Judicial bodies of the Court of Justice of the European UnionThe Court of Justice of the European Union (sometimes referred to as the CJEU) consists...

Produced in partnership with Dr Alexander Türk, Professor of Law of King’s College London 27th Apr

Brexit