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Latest Dispute Resolution News

Commercial rent—COVID-19 defences fail at summary judgment (Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on Commercial rent—COVID-19 defences fail at summary judgment (Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd)

Ministry of Justice updates Form N510 for service (April)

The following Dispute Resolution news provides comprehensive and up to date legal information on Ministry of Justice updates Form N510 for service (April)

UK accession to Lugano Convention—Is the door closing?

The following Arbitration news provides comprehensive and up to date legal information on UK accession to Lugano Convention—Is the door closing?

Court of Appeal decides HMRC’s deceit claim is time barred (IGE USA Investments LTD v Revenue and Customs Commissioners)

The following Commercial news provides comprehensive and up to date legal information on Court of Appeal decides HMRC’s deceit claim is time barred (IGE USA Investments LTD v Revenue and Customs Commissioners)

Featured Dispute Resolution content

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...

Drafting the particulars of claim and reply

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

Letter to client on disclosure obligations under CPR 31

This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD...

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...

Practice notes

Tort claims—causation in law

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...

Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan

Practice notes

Interim applications—costs recovery

Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...

9th Nov

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

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

Just and equitable winding-up—what it is and when to use it

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...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

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

Charging orders—who serves interim and final charging orders?

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...

9th Nov

Practice notes

Security for costs—making an application

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...

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

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

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

Detailed assessment—interim and final costs certificates

What is an interim costs certificate?An interim certificate is a certificate ordered by the court at any time after the receiving party has filed a...

9th Nov

Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...

Produced in partnership with Jake Coleman 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

Forming enforceable contracts—the court's general approach

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...

9th Nov

Practice notes

Strike out for abuse of process (civil) (CPR 3.4(2)(b))

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

9th Nov

Most recent Limitation content

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...

21st Apr

COVID-19

In-house

Practice notes

Limitation—the principal limitation periods

The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...

21st Apr

COVID-19

In-house

Practice notes

Limitation—fraud, deliberate concealment and mistake

Brexit: This Practice Note refers to decisions of the Court of Justice. For guidance on whether judgments of the Court of Justice are binding on UK...

21st Apr

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU has significant implications for practitioners considering applicable law and jurisdiction issues. For...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 20th Apr

Precedents

Order to substitute defendant after expiry of limitation period

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...

19th 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

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

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

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

Precedents

Agreement to extend limitation—standstill agreement

This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...

9th Apr

COVID-19

Precedents

Agreement to suspend limitation—standstill agreement

This Agreement is dated [insert day] of [insert month] 20[insert year]Parties1[Insert full name and address of individual or company name, number and...

9th Apr

COVID-19

Practice notes

Limitation—constructive trust claims

What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...

8th Apr

Q&As

What is the limitation time in respect of a guarantor’s obligations under a personal guarantee when the principal borrower has defaulted?

When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...

8th Apr

Precedents

Drafting note for application notice to substitute defendant after expiry of the limitation period

IntroductionThe application should be made using Form N244 (Form N244 (CC) if in the Commercial Court).Application notice (Form N244)Application...

7th Apr

Precedents

Witness statement in support of application to substitute a defendant after the expiry of the limitation period

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

7th Apr

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?

Overdrawn directors’ loan accountsIt is not uncommon in a company insolvency to find that there is an overdrawn directors’ loan account—ie that the...

7th Apr

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?

Where a company disposes of any of its property at the time between the presentation of a winding-up petition against it and a winding-up order being...

7th Apr

Practice notes