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Latest Dispute Resolution News

The proper approach of the court on appeals under Medical Act 1983, s 40 (Sastry v GMC)

The following Corporate Crime news provides comprehensive and up to date legal information on The proper approach of the court on appeals under Medical Act 1983, s 40 (Sastry v GMC)

Contempt—false statements—sentencing (Axa Insurance UK v Reid)

The following Dispute Resolution news provides comprehensive and up to date legal information on Contempt—false statements—sentencing (Axa Insurance UK v Reid)

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Featured Dispute Resolution content

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...

European order for payment procedure

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

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

Disclosure by a non-party—Rule 31.17

This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...

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

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan

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

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

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

Economic tort of conspiracy

As set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from acts which are considered to be...

9th Nov

Practice notes

Witness evidence—similar facts evidence

Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...

9th Nov

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

Making an additional claim under CPR 20—contribution and indemnity claims

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

Court etiquette

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...

9th Nov

Practice notes

Costs order—what happens when no order is made?

The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...

9th Nov

Practice notes

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...

9th Nov

Practice notes

Witness summons

Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....

9th Nov

COVID-19

Practice notes

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

9th Nov

In-house

Practice notes

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...

Produced in partnership with Professor Richard A Buckley 12th Jan

Practice notes

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

9th Nov

Most recent Pre-action and limitation content

Precedents

Letter of claim—nuisance (chemical contamination)

[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 Steven O'Sullivan 9th Apr

Precedents

Letter of claim—against a broker for breach of contract and, or alternatively, negligence in arranging or failing to arrange insurance cover

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [APPROPRIATE DIRECTOR][NAME OF DEFENDANT BROKER][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Steven O'Sullivan 9th Apr

Precedents

Letter of claim—against an accountant for breach of contract and, or alternatively, negligence in preparing accounts

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [MANAGING PARTNER][NAME OF DEFENDANT ACCOUNTANT][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Leigh Callaway of Fladgate 9th Apr

Precedents

Preliminary notice of claim—against barrister for negligence

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [[HEAD OF BARRISTERS CHAMBERS]][NAME OF DEFENDANT CHAMBERS][ADDRESS LINE 1][ADDRESS LINE...

9th Apr

Precedents

Letter of claim—negligent misrepresentation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [insert name of addressee][ADDRESS LINE 1][ADDRESS LINE 2][POSTCODE][DATE]Dear [insert...

Produced in partnership with Leigh Callaway of Fladgate 9th Apr

Precedents

Letter of claim—breach of contract

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

9th Apr

In-house

Precedents

Preliminary notice of claim—against an accountant for failed tax avoidance scheme

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [MANAGING PARTNER][NAME OF DEFENDANT ACCOUNTANT][ADDRESS LINE 1][ADDRESS LINE...

9th Apr

Precedents

Preliminary notice of claim—against an investment advisor for breach of contract and, or in the alternative, negligence in providing investment advice

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [CLIENT PARTNER OR SENIOR PARTNER][NAME OF DEFENDANT ][ADDRESS LINE 1][ADDRESS LINE...

9th Apr

Precedents

Preliminary notice of claim—against solicitors for breach of contract and, or in the alternative, negligence

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [[CLIENT PARTNER OR SENIOR PARTNER]][NAME OF DEFENDANT FIRM][ADDRESS LINE 1][ADDRESS LINE...

9th Apr

Precedents

Covering letter to accompany Reply Form in response to letter of claim sent pursuant to the Pre-Action Protocol for Debt Claims

[Name of creditor’s solicitors firm][Address line 1][Address line 2][Postcode][Date][Ref: [insert reference]]Dear [insert name][Creditor’s name] AND...

9th Apr

COVID-19

Precedents

Letter of claim—against a surveyor for breach of contract and, or alternatively, negligence in producing a valuation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT SURVEYOR][ADDRESS LINE 1][ADDRESS LINE 2][POSTCODE][DATE]Dear...

Produced in partnership with Steven O'Sullivan 9th Apr

Precedents

Letter of claim—claim for money had and received

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

Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Apr

Precedents

Letter of claim—nuisance (flood)

[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 Steven O'Sullivan 9th Apr

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

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

9th Apr

Precedents

Letter of claim—nuisance (fumes)

[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

Order for pre-action disclosure

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...

9th Apr

Precedents

Letter of claim—breach of implied term or express warranty

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

9th Apr

Precedents

Letter of claim—negligent misstatement by accountant

[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 Steven O'Sullivan 9th Apr

Precedents

Letter of claim—against an investment advisor for breach of contract and, or in the alternative, negligence in providing investment advice

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [CLIENT PARTNER OR SENIOR PARTNER][NAME OF DEFENDANT][ADDRESS LINE 1][ADDRESS LINE...

Produced in partnership with Leigh Callaway of Fladgate 9th Apr

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