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DBA regulations not intended to regulate fees following early termination (Zuberi v Lexlaw)

The following Dispute Resolution news provides comprehensive and up to date legal information on DBA regulations not intended to regulate fees following early termination (Zuberi v Lexlaw)

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Dispute Resolution content

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,...

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...

Skeleton arguments

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

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...

Practice notes

The doctrine of merger in judgment

What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...

Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan

Practice notes

Default judgment—setting aside under CPR 13.3

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

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

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

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

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

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

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

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...

9th Nov

Practice notes

The tort of procuring a breach of contract

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

Acknowledgment of service

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

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

Part 36 offers—costs consequences of rejection or non-acceptance

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...

Produced in partnership with Alice Nash of Hailsham Chambers 12th Jan

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

Allocation of claims to a track

What is allocation?At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for...

9th Nov

Most recent Q&As content

Q&As

What is the court fee for issuing professional negligence proceedings against solicitors where the remedy is an indemnity in relation to costs that will be incurred in separate proceedings?

In order to establish what court fee is payable, see Court Fees Schedule from 6 March 2017. Specifically, the amount of fess payable will depend on...

15th Jan

Q&As

I want to issue a Part 7 claim in negligence but the value is unknown. If I issue the claim using Form N1 does it attract the £10,000 fee? What if I claim a declaration?

When issuing a Part 7 claim using Form N1 it is possible to state that the value of the negligence claim is 'unknown'. However, as per the current...

15th Jan

Q&As

What are the rules for reply where a claim issued in the Chancery Division continues under the Business and Property Courts? What are the rules for reply where the claim has been transferred to the TCC?

Business and Property CourtsThe introduction of the Business and Property Courts (B&PCs) did not create a new court as such, rather it is a new...

15th Jan

Q&As

When issuing proceedings under the Trusts of Land and Appointment of Trustees Act 1996, must they be issued in the High Court in London or can they be issued in any High Court?

Proceedings (whether for damages or a specified sum) may not be issued in the High Court unless the value of the claim is more than £100,000 (£50,000...

15th Jan

Q&As

What is the correct procedure for issuing a claim regarding a dispute as to the costs that can be claimed pursuant to a personal guarantee entered between two parties? Ie, should the claim be commenced under CPR Part 7 or CPR Part 8?

Part 8 claimsPart 8 is generally used for resolving claims that do not involve a substantial dispute of fact. For example, claims to:•decide the...

15th Jan

Q&As

What is the process for enforcing an English personal guarantee against an individual domiciled in Holland?

This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...

15th Jan

Q&As

In which court do you apply for an injunction under section 187B of the Town and Country Planning Act 1990?

Section 187B of the Town and Country Planning Act 1990 (TCPA 1990) states that:‘[187B Injunctions restraining breaches of planning control][(1) Where...

15th Jan

Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...

15th Jan

Brexit

Q&As

We are due to conduct a search order, but the premises at which it was due to be conducted have been closed due to coronavirus (COVID-19) and/or those due to be conducting the search have concerns about the virus. What steps can we take?

This Q&A concerns the enforcement and conduct of a search order against a respondent in respect of material contained on their computer equipment, and...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 14th Jan

COVID-19

Q&As

What are the consequences of non-compliance with a court order? In particular, what are the consequences of breaching a court order in the context of a family settlement?

We refer you to the following materials which may be of assistance. For guidance on the courts' attitude to non-compliance and seeking relief from...

14th Jan

Q&As

Where a committal application is served personally on the defendant by a process server does the court need to be provided with a certificate of service, statement of service or affidavit of service?

The application for committal must be served personally on the respondent (CPR 81.10(4)). However, CPR 81 and Practice Direction 81 do not mandate a...

Produced in partnership with David Willink of Lamb Chambers 14th Jan

Q&As

What methods of enforcement strategy, including contempt of court proceedings, may be available where an interim charging order has been obtained against the defendant in respect of unpaid court orders of £40,000? What if the defendant has been made bankrupt?

Can a costs order be enforced in the same way as a judgment?Note, only a costs order for a stated amount is enforceable. If you have just an order for...

14th Jan

Q&As

Who can sign a statement of truth in a defence where the defendant is a limited company? Can a director, whose directorship was terminated prior to signing the statement of truth, validly sign it and what is the effect of such a director signing the statement of truth in these circumstances?

A statement of truth made on behalf of a company must be signed by a person holding a senior position in the company. In respect of registered...

14th Jan

Q&As

If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record?

As was noted in Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar), the power to imprison for contempt of court arises out of the inherent...

Produced in partnership with David Gardner of No 5 Chambers 14th Jan

Q&As

What is the procedure for issuing a debt claim against the estate of a deceased debtor?

Issue against deceased debtorCPR 19.8 states where a defendant against whom a claim could have been brought has died and a grant of probate or...

14th Jan

Q&As

Can a creditor apply for a grant and recover a debt owed by the deceased where the limitation period for recovering the debt has expired? What is the process for an application under section 116 of the Senior Courts Act 1981?

As set out in the Q&A: ‘Can a creditor take out administration'>letters of administration if the family of the deceased are refusing to do so?’, a...

14th Jan

Q&As

Can a (prospective) mortgagee (M) bring a negligence claim against solicitors who acted for it and the borrower (B) on a prospective purchase where the seller went into administration between exchange and completion and the solicitors had negligently failed to register an UN1 in relation to the sale contract?

In order to bring a claim in negligence against the solicitors, M will have to establish:•that it was owed a duty of care by the solicitors•that the...

12th Jan

Q&As

An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?

Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions.CPR 52.4 provides that where...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jan

Q&As

Where a seller is bringing proceedings against a supplier for faulty goods and anticipates further action from buyers in the future, should the seller seek a declaratory judgment for further proceedings for stock sold as well as damages for unsold stock?

We have assumed that the contract between A and B is a business-to-business contract.Initial claim between A and BB’s claim against A in respect of...

11th Jan

Q&As