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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

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,...

Submission of no case to answer

IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...

Tort claims—causation in law

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...

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,...

Practice notes

Misrepresentation—damages as a remedy

This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...

Produced in partnership with Charles Spragge of Druces 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

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

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

Restitution for unjust enrichment—elements of the claim

What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...

9th Nov

In-house

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

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

When is variation of a contract valid?

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...

9th Nov

Practice notes

Nuisance—what are public and private nuisance claims?

Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...

9th Nov

Practice notes

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

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...

9th Nov

COVID-19

Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...

Produced in partnership with Jake Coleman of Hailsham Chambers 12th Jan

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

Precedents

Consent order

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

9th Nov

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...

9th Nov

Most recent Key cases, reforms and trackers content

Practice notes

Dispute Resolution 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...

28th Oct

Practice notes

Costs practice and procedure developments—2016 in review [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...

26th Sep

Practice notes

Dispute Resolution mid-year review 2017 [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...

26th Sep

Practice notes

Dispute Resolution—costs and funding annual round-up: reviewing 2017 and previewing 2018 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This year’s annual round-up reviews some of the most significant developments of...

26th Sep

Practice notes

Jackson Reforms—legislation [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...

26th Sep