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Practice notes
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...
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9th Nov
Practice notes
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
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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9th Nov
Practice notes
In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...
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9th Nov
Practice notes
The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...
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9th Nov
Practice notes
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 Nov
Practice notes
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...
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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Precedents
[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...
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9th Nov
Precedents
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
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...
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9th Nov
Precedents
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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Produced in partnership with Leigh Callaway of Fladgate 12th Jan
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
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9th Nov
Practice notes
This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...
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9th Nov
Practice notes
What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...
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9th Nov

Most recent Litigation content

Q&As
BackgroundSection 1029 of the Companies Act 2006 (CA 2006) deals with the restoration of a company to the company’s register by the court. The court...
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6th Dec
Q&As
An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out...
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29th Nov
Q&As
CPR 7.8 deals with the form for defence. CPR 7.8(1) states that a claim form must be served with:•a form for defending the claim...
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28th Nov
Q&As
This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules (CPR) and associated Practice Directions. There are several CPR...
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28th Nov
Q&As
A Tomlin order is made up of two parts:•a court order—which is a consent order between the parties that stays proceedings on agreed terms with liberty...
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28th Nov
Q&As
For the purposes of this Q&A, we have assumed that there is no element of collusion or conspiracy between the actual supplier and the purported...
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28th Nov
Q&As
CPR 38.2(3) provides that where there is more than one defendant, the claimant may discontinue all or part of a claim against all or any of the...
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28th Nov
Q&As
In relation to the signature of court documents, CPR 5 outlines the procedure to be followed. In particular, CPR 5.3 states:‘Where any of these Rules...
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28th Nov
Q&As
This Q&A considers the rules that apply when a defendant’s name is misspelt in a judgment and warrant of control.Amending and orderAssuming that an...
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28th Nov
Q&As
Part 18 RequestA Part 18 request is a request for further information which can be made under CPR 18 where a party has been served with a statement of...
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28th Nov
Q&As
Under paragraph C1.1(b) of the Admiralty and Commercial Courts Guide, statements of case should be limited to 25 pages in length. The court will only...
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28th Nov
Q&As
Practice Direction; (interest: pleading) deals with the issue of interest under the Bills of Exchange Act 1882 (BEA 1882). John Elton, Senior Master,...
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28th Nov
Q&As
Who can apply to set aside?It appears that a party has obtained a judgment in accordance with the provisions of CPR 12. It is not clear if you are...
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28th Nov
Q&As
The application of the Civil Procedure Rules 1998 (CPR) generally applies equally to a ‘litigant in person’. In Re A, it was noted that ‘it is the...
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28th Nov
Q&As
Action following service of a claimAfter particulars of claim are served on a defendant, the defendant can:•file or serve an admission for all or part...
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28th Nov
Q&As
CPR Part 42 which is contained in the Civil Court Practice 2018, indicate that it is not possible to have two sets of solicitors ‘on the record’ at...
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28th Nov
Q&As
We assume this Q&A is referring to a money judgment to pay a specified amount of money. In answering this Q&A we have limited our research to cover...
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28th Nov

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