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Latest Dispute Resolution News

Mastercard v Merricks—an important year for collective proceedings and representative actions

Mastercard v Merricks—an important year for collective proceedings and representative actions

The following Dispute Resolution news provides comprehensive and up to date legal information on Mastercard v Merricks—an important year for collective proceedings and representative actions

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Respondents to inquiries under cross-undertakings are not entitled to security for costs (JSC Karat-1 v Tugushev)

Respondents to inquiries under cross-undertakings are not entitled to security for costs (JSC Karat-1 v Tugushev)

The following Dispute Resolution news provides comprehensive and up to date legal information on Respondents to inquiries under cross-undertakings are not entitled to security for costs (JSC Karat-1 v Tugushev)

Featured Dispute Resolution content

The doctrine of res judicata

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...

Rescission of a contract

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...

Forming enforceable contracts—intention to create legal relations

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Tort—the different types of tort

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Practice notes

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
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9th Nov
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...
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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...
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9th Nov
Practice notes

Contractual estoppel

This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
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...
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9th Nov
Practice notes

Contractual damages—non-pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan
Practice notes

Public access to court documents and information in civil proceedings

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...
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9th Nov
Practice notes

Disclosure by a non-party—Rule 31.17

This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...
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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...
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9th Nov
Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
Practice notes

Acknowledgment of service

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the...
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9th Nov
Practice notes

Costs-only proceedings (Part 8)

This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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9th Nov
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...
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9th Nov
tag iconCOVID-19
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...
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9th Nov
tag iconIn-house
Practice notes

Costs of discontinuing a claim—the general rule

What is discontinuance?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end by serving...
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9th Nov

Most recent Court and the legal profession content

Practice notes

Business and Property Courts

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Apr
Practice notes

Judges

The judicial branchThe judicial branch of government in England and Wales operates independently of the executive and legislature, and contains the...
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Produced in partnership with Adam Cygan of University of Leicester and Mr Darragh Connell of Forum Chambers 9th Apr
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...
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8th Apr
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...
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8th Apr
Practice notes

County Court—introduction of the single County Court [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...
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8th Apr
Practice notes

Briefing counsel for trial

When to brief counselIf you have any doubts about whether you will have the time to prepare the case adequately for trial, or whether you are...
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8th Apr
Practice notes

Dispute Resolution—judicial practice notes and guidance

This Practice Note contains current judicial Practice Notes and judicial guidance of interest to Dispute Resolution lawyers, which apply in the...
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7th Apr
Precedents

Precedent instructions or brief to counsel

[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
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31st Mar
Practice notes

Court guides and other guidance

What is the status of the court guides?The court guides seek to provide a general explanation of the work and practice of the various courts, with...
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24th Mar
Practice notes

Fee remissions

IntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions, now branded...
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Produced in partnership with David Willink of Lamb Chambers 25th Feb
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?

During the current coronavirus (COVID-19) outbreak, it is likely that the day-to-day business of the courts will be disrupted due to, among other...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 11th Feb
tag iconCOVID-19
Q&As

If a party wishes to bring a counterclaim in a probate claim, where the force and validity of the Will are disputed, is an application required for this and is a fee payable? If a defendant to the counterclaim is not a party to the proceedings, is leave of the court required to bring the counterclaim and is an application required?

BackgroundThe purpose of Part 20 is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner (CPR...
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11th Feb
Q&As

Does a defendant's solicitor have any legal responsibility to assist a litigant in person who brings a civil claim and does not instruct any legal representation with the litigation process including trial bundles, disclosure and directions?

In June 2015, the Law Society published Guidelines for lawyers in dealing with litigants in person. You will find this guidance of assistance in...
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11th Feb
Q&As

How are court fees (issue fees) calculated when interest on the amount claimed will be determined at the court's discretion under section 69 of the County Courts Act 1984 or section 35A of the Senior Courts Act 1981?

Claiming interestCPR 16.4(2) provides that:If the claimant is seeking interest he must:•(a) state whether he is doing so—◦(i) under the terms of a...
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11th Feb
Q&As

What court fee(s) are payable when a claimant in small claims track proceedings (claim value of £5,500) wants to issue a CPR 20 claim against a new party to the proceedings?

CPR 20 deals with counterclaims and additional claims and applies to:‘a) a counterclaim by a defendant against the claimant or against the claimant...
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11th Feb
Q&As

What is the court fee for issuing a Part 8 claim for approximately £600,000 where the claim form is to be issued in the Senior Courts Costs Office? What documents need to support the claim form?

This Q&A covers the procedure to get a detailed assessment of costs without having to start a Part 7 claim. The requirements for using the costs-only...
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11th Feb
Q&As

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?

Amendment generallyA statement of case is defined in CPR 2.3(1).The court's permission for an amendment to a statement of case will not be required...
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18th Jan
Q&As

A claim form has been served under protective proceedings and it has subsequently come to light that the value of the claim is much higher. Does the claim form need to be amended and a further court fee paid?

Additional court feeFor information on the fee that is payable when starting a claim, see the Civil Proceedings Fees Order, SI 2008/1053 (as amended)...
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18th Jan
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...
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15th Jan
Q&As

What is the court fee for issuing professional negligence proceedings against solicitors where the remedy is an indemnity in relation to costs that will be incurred in separate proceedings?

In order to establish what court fee is payable, see Court Fees Schedule from 6 March 2017. Specifically, the amount of fess payable will depend on...
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15th Jan

Popular documents

LEXISNEXIS

Overreaching—sales by trustees of land

Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal

LEXISNEXIS

Community order requirements

Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)

LEXISNEXIS

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of

LEXISNEXIS

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of