Pre-action and limitation

Q&As

What is the limitation period for a claim brought by a liquidator as a consequence of section 127 of the Insolvency Act 1986?

What is the limitation period for a claim brought by a liquidator as a consequence of section 127 of the Insolvency Act 1986?Where a company disposes...

27th Jul

Q&As

What is the limitation period for bringing a claim in a liquidation to recover an overdrawn director’s loan account where there are a series of payments made to the director, together with a misfeasance claim under section 212 of the Insolvency Act 1986?

What is the limitation period for bringing a claim in a liquidation to recover an overdrawn director’s loan account where there are a series of...

27th Jul

Practice notes

Limitation Act 1980—general application

Limitation Act 1980—general applicationIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation...

27th Jul

COVID-19

Practice notes

Limitation—amendments to statements of case, set-offs and counterclaims

Limitation—amendments to statements of case, set-offs and counterclaimsFor general guidance on the computation of limitation periods, as well as more...

27th Jul

Practice notes

Defamation—practical aspects

Defamation—practical aspectsDefamation Act 2013Before the implementation of the Defamation Act 2013 (DA 2013), defamation actions acquired a...

Produced in partnership with 5RB 25th Jul

Practice notes

Pre-Action Protocol on Media and Communications Claims

Pre-Action Protocol on Media and Communications ClaimsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Produced in partnership with David Hirst of 5RB 25th Jul

Practice notes

Practical and procedural matters in privacy proceedings

Practical and procedural matters in privacy proceedingsThis Practice Note deals with practical and procedural issues that may arise in a privacy...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB 25th Jul

Q&As

What is the limitation for an individual to enforce a Data Subject Access Request through the courts?

What is the limitation for an individual to enforce a Data Subject Access Request through the courts?We do not have a Practice Note on the specific...

25th Jul

Q&As

Is a judgment required in order to enforce a settlement deed where there has been a default of payment obligations (including to obtain an order for questioning of the defaulting party)? If so, is the only option a Part 7 claim? If there are other options (like a Part 8 claim) will the court fee be any less than a Part 7 money claim?

Is a judgment required in order to enforce a settlement deed where there has been a default of payment obligations (including to obtain an order for...

23rd Jul

Q&As

If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?

If a party has a claim in contract, do they need to proceed with that action before pursuing a third party?In general, a party can bring a claim...

23rd Jul

Q&As

The limitation period for a claim expires in one month. The parties have now reached an agreement on damages, without the issue of proceedings, but the related costs have not been agreed. What is the impact of the limitation period expiring on the recovery of costs?

The limitation period for a claim expires in one month. The parties have now reached an agreement on damages, without the issue of proceedings, but...

23rd Jul

Q&As

Which pre-action protocol applies to a claim where an individual (not acting as a business) is seeking monies from another individual (not acting as a business)?

Which pre-action protocol applies to a claim where an individual (not acting as a business) is seeking monies from another individual (not acting as a...

23rd Jul

Q&As

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?

After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-action Protocol for Debt...

23rd Jul

Practice notes

Starting a debt claim—a practical guide

Starting a debt claim—a practical guideThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the...

23rd Jul

Practice notes

Debt claims and pre-action conduct

Debt claims and pre-action conductThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....

23rd Jul

Q&As

Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim form?

Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim...

23rd Jul

Q&As

Where a borrower has defaulted on a loan and we intend to send a letter before action prior to issuing proceedings in circumstances where the claimant is a company, does the Pre-Action Protocol for Debt Claims apply?

Where a borrower has defaulted on a loan and we intend to send a letter before action prior to issuing proceedings in circumstances where the claimant...

23rd Jul

Precedents

Agreement to extend limitation—standstill agreement

Agreement to extend limitation—standstill agreementThis Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and...

23rd Jul

COVID-19

Practice notes

Standstill agreements to suspend or extend limitation

Standstill agreements to suspend or extend limitationAs observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common...

23rd Jul

COVID-19

In-house

Practice notes

How do I assign a claim or cause of action?

How do I assign a claim or cause of action?This Practice Note considers how you may assign a claim or cause of action in law or in equity, including...

22nd Jul

View Dispute Resolution by content type:

Latest Dispute Resolution News

Anonymity for claimants refused as being unjustified and insufficiently evidenced (Various Claimants v Independent Parliamentary Standards Authority)

Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

UK accession to Lugano Convention—is the door now closed?

John Russell remains good law in relation to service out under Gateway 3 (ID v LU and BZ)

Featured Dispute Resolution content

How to apply for a third party debt order (TPDO)

Third party rights—the common law doctrine of privity of contract

Indemnity costs orders—principles

Cause of action estoppel

Most recent Pre-action and limitation content

Popular documents

Easements and perpetuities

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Negligence—key elements to establish a negligence claim

Pre-trial and case management hearings in the Crown Court

Contact Us

Popular Links

Policies

Follow us