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Dispute Resolution weekly highlights—4 March 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—4 March 2021

Podcast aggregators—avoiding liability for defamation

The following Dispute Resolution news provides comprehensive and up to date legal information on Podcast aggregators—avoiding liability for defamation

Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)

The following Dispute Resolution news provides comprehensive and up to date legal information on Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)

Questioning the ledger—cross-examination on cryptoassets (JSC Commercial Bank Privatbank v Kolomoisky)

The following Dispute Resolution news provides comprehensive and up to date legal information on Questioning the ledger—cross-examination on cryptoassets (JSC Commercial Bank Privatbank v Kolomoisky)

Featured Dispute Resolution content

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...

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...

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 identifies scenarios in which a party may apply for a stay of...

Practice notes

Grounds of appeal—introducing new evidence

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

Notice to admit facts

What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...

9th Nov

Practice notes

Applications without notice

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

9th Nov

Practice notes

Filing the defence

This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...

9th Nov

Practice notes

Preparing trial bundles

Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...

9th Nov

In-house

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

Cause of action estoppel

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

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

Practice notes

Charging orders—who serves interim and final charging orders?

This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...

9th Nov

Practice notes

Application of the decision in Owusu v Jackson—key and illustrative decisions

This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...

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

Practice notes

Security for costs—making an application

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...

9th Nov

Practice notes

The tort of procuring a breach of contract

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...

9th Nov

Practice notes

Jurisdiction—determining an individual’s domicile

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

9th Nov

Practice notes

Unfair prejudice petition—the procedure

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

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Cost orders—interest

DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...

9th Nov

Practice notes

Disclosure—the application for specific disclosure

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with disclosure...

9th Nov

Most recent Brexit content

Q&As

What are the key features of a Brexit SI?

As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and secondary legislation, including a...

11th Jan

Brexit

Q&As

What is retained EU law?

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...

Produced in partnership with Mathias Cheung of Atkin Chambers 11th Jan

Brexit

Q&As

What does Brexit mean for the Human Rights Act 1998?

Impact of BrexitBrexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human...

Produced in partnership with Alison Meacher of Hardwicke Chambers 8th Jan

Brexit

Q&As

Do the European Union (Withdrawal) Act 2018 provisions on ambulatory references apply to contracts?

What is retained EU law?EU law takes effect in the UK through the European Communities Act 1972 (ECA 1972). ECA 1972 will be repealed by section 1 of...

Produced in partnership with Kieran Laird, Director and Head of Constitutional Affairs of Gowling WLG 8th Jan

Brexit

Q&As

Many Brexit SIs contain references to exit day, but in light of the implementation period, is there a general provision that says you must read ‘exit day’ as ‘IP completion day’ or will the government need to issue separate correcting legislation?

We refer you to News Analysis: Brexit Bulletin—key updates, research tips and resources, in particular section: What happens to Brexit SIs during the...

24th Dec

Brexit

Q&As

Can I still practice EU law if the UK is no longer in the EU?

Only lawyers qualified in an EU Member State are able to practise EU law or argue before EU tribunals such as the Court of Justice of the European...

7th Dec

Brexit

Q&As

Is Brexit considered a force majeure event?

The change to the economic and commercial environments within both the UK and the EU as a result of Brexit may impact on the underlying commercial...

6th Dec

Brexit

Q&As

Do you have any guidance on whether Brexit is considered a force majeure event?

We refer you to the following which may be of assistance:•Q&A: Is Brexit considered a force majeure event?•Practice Note: Brexit—contract risk...

6th Dec

Brexit

Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

Interpretation of retained EU law under the European Union (Withdrawal) Act 2018Section 6 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018)...

3rd Dec

Q&As