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128th practice direction update—Online civil money claims pilot (CPR PD 51R)

The following Dispute Resolution news provides comprehensive and up to date legal information on 128th practice direction update—Online civil money claims pilot (CPR PD 51R)

Ruling given on the meaning of a passage in a ‘Challenging Hateful Extremism’ report in a defamation claim (Mueen-Udin v Secretary of State for the Home Department)

Adjournment when a witness is temporarily incapacitated by illness (Bilta v Traditional Financial Services)

The following Dispute Resolution news provides comprehensive and up to date legal information on Adjournment when a witness is temporarily incapacitated by illness (Bilta v Traditional Financial Services)

Dispute Resolution weekly highlights—25 February 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—25 February 2021

Featured Dispute Resolution content

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...

Summary judgment applications—what, who and when

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

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...

Pre-action disclosure—the application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...

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

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Relief from sanctions—the 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

COVID-19

Practice notes

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

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

Default judgment—general principles for setting aside

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

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...

9th Nov

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Practice notes

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

Produced in partnership with Jack Mitchell of Old Square 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...

9th Nov

Practice notes

Application of the decision in Owusu v Jackson—key and illustrative decisions

This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...

9th Nov

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

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

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

Disclosure—the application for specific disclosure

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with disclosure...

9th Nov

Most recent Litigation content

Practice notes

When the claim form is valid for service (CPR 7.5)

This Practice Note considers the question when do I need to serve the claim form?. The time limits for serving the claim form differ depending in...

24th Feb

Practice notes

Service out of the jurisdiction—methods of effecting service

Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...

Produced in partnership with Camilla McPherson 24th Feb

Practice notes

Service of the claim form—service in the jurisdiction

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see: Service of the claim form—service in the...

24th Feb

Q&As

Is it possible to issue a claim by email in the County Court, specifically the Central London County Court?

According to the Civil Procedure Rules and Practice Directions, it is not possible to issue a claim in the County Court by email. See CPR PD 5B, para...

24th Feb

Q&As

For a multi-track claim in the County Court, where a trial window has been set but a specific date has not yet been given for the 1.5 day trial, if there have been no directions about payment of the trial hearing fee, when is this due?

What is a trial window?Lawyers, judges and even certain bits of the Civil Procedure Rules 1998 (CPR 1998) (such as CPR PD 3D—Mesothelioma Claims)...

Produced in partnership with Alex Cunliffe of Lamb Chambers 24th Feb

Q&As

When preparing a court bundle, what is the requirement (or general practice) when referencing a legal text within the bundle?

Status of practice directionsSection 13 of the Constitutional Reform Act 2005 (CRA 2005), CRA 2005, Sch 2, Pt 1 sets out a process by which the...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers 24th Feb

Q&As

What is the correct guidance under the CPR for a legal representative to sign a statement of truth in a particulars of claim? In IP claims, does CPR 63.21 also requires the claimant to sign the statement of truth?

Statement of truthOur Practice Note Statements of truth, sets out the circumstances in which a solicitor may sign a statement of truth and how it...

24th Feb

Q&As

What is the correct court form and procedure to use in order to remove a County Court judgment which has been satisfied?

In summary, if the judgment debt is paid within one month of the date of judgment, you may apply to remove the judgment from the Register of...

24th Feb

Practice notes

Non-compliance with pre-action provisions

This Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a...

24th Feb

Practice notes

Litigants in person—case management and relief from sanctions

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

Produced in partnership with Philip Roberts of Clarke Willmott LLP 24th Feb

Practice notes

Late amendments to statements of case—illustrative decisions

This Practice Note should be considered in conjunction with Practice Notes: Amending a statement of case—introduction and costs, Amending a statement...

23rd Feb

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...

23rd Feb

Q&As

On the same claim form C1 brings a claim against D1 and C2 brings a claim against D2, C3 brings a claim against D3 and D4, C4 brings a claim against D1. They are proceedings that can be conveniently disposed of in the same claim (CPR 7.3). The amounts the claimants seek in damages are independent of each other. How is the court fee calculated? Do there need to be independent statements of value?

Court feesWhere a claimant issues a claim for a sum of money, a court fee will be payable. Generally, the fee will depend on the amount claimed in the...

22nd Feb

Practice notes

Timetable for statements of case

This Practice Note refers to old provisions in Part 6 which are subject to savings provisions post 31 December 2020. For detailed guidance on the...

22nd Feb

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....

22nd Feb

Practice notes

What is set-off and when is it available?

Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction.Independent set-off and...

18th Feb

In-house

Practice notes

Witness evidence—giving evidence at trial

This Practice Note sets out how to give evidence at trial under Part 32 of the CPR. It considers when a factual witness is allowed to give oral...

18th Feb

COVID-19

Practice notes

CE-File—introduction to electronic filing in the Rolls Building and other courts

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

17th Feb

COVID-19

Practice notes

Litigants in person—pre-action protocols, statements of case and CPR 36

Note: the Master of the Rolls issued guidance in March 2013, entitled Terminology for Litigants in Person, to clarify the correct terminology to be...

Produced in partnership with Philip Roberts of Clarke Willmott LLP 16th Feb

Q&As