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Dispute Resolution weekly highlights—21 January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—21 January 2021

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

The following Dispute Resolution news provides comprehensive and up to date legal information on Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

Hague Judgments Convention unlikely to prompt sea change away from arbitration

The following Arbitration news provides comprehensive and up to date legal information on Hague Judgments Convention unlikely to prompt sea change away from arbitration

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,...

Proprietary estoppel

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

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...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Contractual damages—pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

In-house

Practice notes

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Produced in partnership with Professor Richard A Buckley 12th Jan

In-house

Practice notes

Contract interpretation—the parol evidence rule

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...

9th Nov

Practice notes

Costs order—what happens when no order is made?

The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...

9th Nov

Practice notes

Wasted costs orders

What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...

9th Nov

Practice notes

Expert reports

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

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...

9th Nov

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

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Single joint experts

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

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

What constitutes a valid assignment of a contract?

This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...

9th Nov

In-house

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...

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...

9th Nov

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...

9th Nov

COVID-19

In-house

Practice notes

Security for costs—requirements and conditions (CPR 25.13)

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

9th Nov

Most recent Litigation content

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...

21st Jan

Practice notes

Claiming interest

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

21st Jan

In-house

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...

21st Jan

COVID-19

Practice notes

Drafting the defence—drafting tips

This Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any deficiencies in the particulars of...

Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan

Practice notes

Drafting the defence—formalities

If the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this Practice Note should be read in...

Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan

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...

20th Jan

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...

20th Jan

Practice notes

Adding (joinder) and substituting parties

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

20th Jan

Practice notes

Where to start the claim

High Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim....

19th Jan

Practice notes

Collective proceedings in the Competition Appeal Tribunal

Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...

Produced in partnership with Constantine Cannon LLP 19th Jan

Q&As

Where a case proceeds in the small claims track, what is the process for a party to make an amendment to their statement of case—is this governed by the usual rules under CPR 17?

The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...

Produced in partnership with James Tunley of Lamb Chambers 18th Jan

Q&As

Does failure to use a limited company name rather than a trading name prevent a company from pursuing a claim in the County Court?

If you wish to amend a statement of case, CPR Part 17 states that the court’s permission for an amendment is not required when the amended document...

18th Jan

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...

18th Jan

Q&As

Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the correct defendant? If so, what application should the defendant make to the court to inform them of this? Further if a settlement is reached with the incompletely referenced entity, could the claimant then separately sue the limited company?

CPR PD 16, para 2.6 states that the claim form must be headed with the full name of each party. In the case of a company, the full registered name,...

18th Jan

Q&As

To what extent can a party rely on the original pleadings of another party after they have been amended, insofar as those amendments fundamentally change that parties case?

For these purposes, we assume that the amendments are either:•with the court’s permission, or•without the court’s permission and that they have not...

18th Jan

Q&As

What test will a court apply in deciding whether to allow an amendment to a claim form?

The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying...

18th Jan

Q&As

What provisions of the CPR and case law could be cited where a claimant opposes a defendant’s application to amend its defence, issue a counterclaim and vacate the trial, where the application was made two months before trial, is to be heard a month before trial and the defendant has previously breached every directions order and does not have a reasonable chance of success at trial?

Amending statement of caseA party can amend its statement of case, as defined in CPR 2.3(1):•at any time before it has been served on any other party...

18th Jan

Q&As

Does the list of common ground and issues form part of the pleaded case/statements of case?

In CPR 2.3(1), 'statement of case':‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim,...

18th Jan

Q&As