Pre-action and limitation

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Latest Dispute Resolution News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The iniquity defence in claims for misuse of private information (Brake v Guy)

The following Commercial news provides comprehensive and up to date legal information on The iniquity defence in claims for misuse of private information (Brake v Guy)

Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

The following Corporate Crime news provides comprehensive and up to date legal information on Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

Variations to costs budgets—principles surrounding significant developments and the promptness of the application (Persimmon Homes Ltd v Osborne Clark LLP)

The following Dispute Resolution news provides comprehensive and up to date legal information on Variations to costs budgets—principles surrounding significant developments and the promptness of the application (Persimmon Homes Ltd v Osborne Clark LLP)

Featured Dispute Resolution content

Tomlin orders

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

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

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...

Contractual damages—pecuniary losses

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

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...

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

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

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

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...

9th Nov

Practice notes

Reserved judgments

What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...

9th Nov

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 12th Jan

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

Charging orders—what are they and when to use them—CPR 73

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in...

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

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

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

Practice notes

Rome Convention—introduction and interpretation

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

9th Nov

Practice notes

Detailed assessment—default costs certificate

The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...

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

Permission to appeal—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

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

Most recent Pre-action and limitation content

Precedents

Letter of claim—total failure of consideration

[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 16th Apr

Precedents

Letter of instruction to own expert (with drafting notes)

Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as...

16th Apr

Precedents

Letter of instruction to single joint expert (with drafting notes)

Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...

15th Apr

Practice notes

Use of confidential information in civil proceedings

This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...

15th Apr

Q&As

In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol for Debt Claims apply?

Recovering rent arrearsBefore taking any action to recover rent arrears, landlords must consider:•whether they are able to, and if so whether to...

15th Apr

Practice notes

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

For general guidance on the computation of limitation periods, as well as more specific details on limitation under the Limitation Act 1980 (LA 1980)...

13th Apr

Practice notes

Limitation—amending a party name and substituting or adding (joinder) of parties

This Practice Note should be read in conjunction with Practice Note: Limitation—amendments to statements of case, set-offs and counterclaims, which...

13th Apr

Practice notes

Professional negligence claims—the pre-action protocol

This Practice Note sets out the position according to the Pre-Action Protocol for Professional Negligence claims now in force.Scope of this Practice...

Produced in partnership with Steven O'Sullivan 13th Apr

Practice notes

Limitation—contract claims

In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...

12th Apr

In-house

Practice notes

Resolving a dispute—initial considerations

Pre-action protocols and Practice Direction Pre-Action Conduct and ProtocolsOnce you have a dispute to resolve (as opposed to an abstract question of...

9th Apr

Practice notes

Responding to a letter of claim—a practical guide

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

9th Apr

Q&As

How would the court be likely to deal with a claim form where the claimant has not complied with a mandatory tiered dispute resolution procedure under the contract due to limitation?

Protective proceedingsIn the event that a limitation period is due to end shortly, it is possible for a party to bring ‘protective’ proceedings in...

9th Apr

Precedents

Defendant’s response to a letter of claim

[ON YOUR FIRM’S LETTERHEAD][Insert name and address of the claimant’s solicitors, including any reference number/name of the responsible lawyer if...

9th Apr

Q&As

What is the limitation period for claims under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) (and/or the Data Protection Bill (once law) as it applies to the GDPR regime) by data subjects for compensation for breaches of those laws.

This Q&A focuses on the position under the law of England and Wales. The Data Protection Bill is still before Parliament and for the purposes of this...

9th Apr

Q&As

Can a claimant's delay in bringing a claim, or their acquiescence/consent, be used as a defence to a breach of statutory duty claim despite the claim being inside the limitation period?

Laches is an equitable doctrine which, as a general rule, acts as an equitable bar to equitable claims (for example, in respect of claims for remedies...

9th Apr

Q&As

Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a potential claimant as part of undertakings that the potential defendant wishes to give after getting a letter before claim?

We are in the process of producing new content relating to the General Data Protection Regulation and litigation, which will be available in our...

9th Apr

Precedents

Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims

[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of debtor][Name of debtor’s solicitors][Address line 1][Address line...

9th Apr

COVID-19

In-house

Precedents

Letter of claim—nuisance (tree root)

[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS][NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 9th Apr

Precedents

Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN][ADDRESS LINE 1][ADDRESS...

Produced in partnership with Thomas Evans of Henderson Chambers 9th Apr

Precedents