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Coronavirus (COVID-19)—Foreign Process Section’s availability update

The following Dispute Resolution news provides comprehensive and up to date legal information on Coronavirus (COVID-19)—Foreign Process Section’s availability update

Coronavirus (Covid-19)—Foreign Process Section’s availability update

The following Dispute Resolution news provides comprehensive and up to date legal information on Coronavirus (Covid-19)—Foreign Process Section’s availability update

Corporate Insolvency and Governance Act 2020—the rise of the moratorium and restructuring plan and the fall of the Scheme?

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Act 2020—the rise of the moratorium and restructuring plan and the fall of the Scheme?

Corporate Insolvency and Governance Bill—a view from the restructuring and insolvency profession

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—a view from the restructuring and insolvency profession

Featured Dispute Resolution content

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...

Promissory estoppel

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...

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

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...

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

Norwich Pharmacal orders—procedure for application

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

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Produced in partnership with Kate Temple-Mabe of 7BR 12th Jan

Practice notes

Privilege—joint and common interest privilege

This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...

9th Nov

In-house

Practice notes

Witness summons

Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....

9th Nov

COVID-19

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

Practice notes

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Default judgment—setting aside under CPR 13.3

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

9th Nov

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

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

European order for payment procedure

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

9th Nov

Practice notes

Claims for rectification

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...

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

Part 36 offers—costs consequences of rejection or non-acceptance

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...

Produced in partnership with Alice Nash of Hailsham 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

Without prejudice communications

This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...

9th Nov

In-house

Most recent Judgments and orders content

Practice notes

Relief from sanctions—when (and when not) to use

This Practice Note should be read in conjunction with Practice Notes:•Case management—compliance•Relief from sanctions—the courts’ approach•Relief...

25th Jan

COVID-19

Q&As

If a party wishes to vary an order for sale in respect of a property which it has taken possession of (because the order for sale is subject to a condition that the property be sold for a certain amount and it has transpired that this is in excess of the value), does the usual rule apply and the application should be served on the other side at least three days before the application hearing? Is it possible for the application to instead be made: i) without notice; and/or ii) on paper?

This Q&A considers the procedure which a party to an order must follow if it wishes to make an application to vary its terms. This response is...

22nd Jan

Practice notes

Unless orders

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

22nd Jan

Practice notes

Judgments and orders—drafting and formalities

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

22nd Jan

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

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...

18th Jan

COVID-19

Practice notes

Civil proceedings orders against vexatious litigants

This Practice Note should be read in conjunction with Practice Notes: Civil restraint orders, Limited civil restraint orders, Extended civil restraint...

18th Jan

Practice notes

Case management—compliance

What is compliance?Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR...

18th Jan

Practice notes

Chancery Division—orders

Where your case is proceeding in the Chancery Division (which includes the Patents Court, the Intellectual Property Enterprise Court, the Insolvency...

18th Jan

Practice notes

Tomlin orders

This Practice Note considers Tomlin orders, which are often used in the settling of litigation. A Tomlin order comprises a consent order and a...

18th Jan

Practice notes

Civil restraint orders

This Practice Note deals with general information on civil restraint orders (CROs) that is common to all types of CRO and should be read in...

18th Jan

Practice notes

Judgments and orders—setting aside

This Practice Note considers what action may be taken on receipt of a judgment, including when you can apply to correct a judgment, revoke it, appeal...

18th Jan

COVID-19

Practice notes

County Court judgments and orders—additional matters

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

18th Jan

Practice notes

Consent orders and judgments

This Practice Note gives guidance on what a consent order or a judgment is, when court approval is required to enter into a consent order, the form a...

18th Jan

COVID-19

Q&As

What are the consequences of non-compliance with a court order? In particular, what are the consequences of breaching a court order in the context of a family settlement?

We refer you to the following materials which may be of assistance. For guidance on the courts' attitude to non-compliance and seeking relief from...

14th Jan

Q&As

Where a consent order has been made for the payment of a lump sum but is silent as to interest, can interest be claimed on late payment of the lump sum?

This Q&A considers the nature and effect of a consent order for the settlement of a claim which provides for the payment of a specified sum of...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 8th Jan

Q&As

If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?

The judgment creditor must make an application to the court for a variation of the order.There are two bases on which an application might be...

Produced in partnership with David Willink of Lamb Chambers 8th Jan

Q&As

If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order stand, or is the date of the amendment taken to be the date of the order?

When a judgment or order takes effectThe starting point is that a judgment or order takes effect from the day when it is given or made unless a later...

Produced in partnership with James Tunley of Lamb Chambers 8th Jan

Q&As

On what grounds can you either amend or set aside a judgment (not an order)? And what steps do you need to take to make such an application and is the application made to the court who gave the order? Also, in what circumstances would you apply to amend or set aside a judgment, as opposed to appealing it?

The first point is that the question is concerned with a judgment rather than an order, suggesting that the matter which would be the subject of the...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan

Q&As

Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.

When a Part 36 offer which relates to the whole of a claim is accepted, the claim is stayed on the terms of the offer: CPR 36.14(1), CPR 36.14(2). The...

Produced in partnership with Tom Montagu-Smith QC 8th Jan