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The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Summary judgment in deferred consideration claim despite permission to proceed with fraudulent breach of warranty counterclaim (Arani v Cordic Group)

The following Corporate news provides comprehensive and up to date legal information on Summary judgment in deferred consideration claim despite permission to proceed with fraudulent breach of warranty counterclaim (Arani v Cordic Group)

Latest edition of Corporate Rescue and Insolvency available (April 2021 edition)

The following Dispute Resolution news provides comprehensive and up to date legal information on Latest edition of Corporate Rescue and Insolvency available (April 2021 edition)

Featured Dispute Resolution content

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...

Summary judgment applications—what, who and when

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

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...

Anti-suit injunctions

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

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

Notice to admit facts

What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...

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

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

9th Nov

COVID-19

In-house

Practice notes

Filing the defence

This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...

9th Nov

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Nov

Practice notes

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...

Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan

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

Preparing trial bundles

Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...

9th Nov

In-house

Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...

Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan

Scottish Law

Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...

9th Nov

Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...

9th Nov

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...

9th Nov

COVID-19

In-house

Practice notes

Contract interpretation—terms implied by custom and usage

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

9th Nov

Practice notes

Without prejudice communications

This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...

9th Nov

In-house

Most recent Q&As content

Q&As

Party A is conducting settlement negotiations with Party B and Party C separately in relation to a professional negligence matter. Party B is the allegedly negligent professional and Party C is being asked to rectify the document negligently prepared by Party B. Does Party A have to inform Party B or Party C if a settlement agreement is concluded with the other party? Is the position different if proceedings have already been commenced?

Where there are multiple parties to litigation, and various different permutations of liability, it may become the case that one party is speaking to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 12th Apr

Q&As

What is the effect of a corporate signature, particularly by a solicitor's firm, eg where a letter is signed as ‘Firm A’ as opposed to being signed personally by a partner of that firm?

This Q&A assumes that:•the question relates to the use of a signature in the context of commercial negotiations•the question does not relate to...

12th 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

Q&As

A party is attempting to obtain an order that a mechanic return a vehicle. The material facts are not in dispute, however, the mechanic has ignored all requests to return the vehicle. Where the party considers injunctive proceedings to be necessary, is Form N16A the correct form to use to begin court proceedings seeking this order?

Generally, when applying for an interim injunction, which form needs to be used will depend on where the application is brought. Forms N16, N16(1) and...

9th Apr

Q&As

If A took B’s car without A’s permission and crashed it, rendering it useless, would B have a claim against A in the tort of conversion?

B may be able to claim against A under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977).T(IG)A 1977, s 1 defines ‘wrongful interference with...

9th Apr

Q&As

Is a power of attorney or notarial deed required when enforcing a judgment within the EU, if the judgment was made in one EU country and enforced in another (the UK), being the location of the registered office of the debtor?

We have assumed that this Q&A is directed at what steps are required to enforce a civil judgment of a court of an EU Member State in England and...

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

What applicable law rules do the courts of England and Wales use to determine the applicable law for a tortious act that occurred in Denmark?

Where a person has suffered damage abroad through a tortious act and wishes to bring proceedings to recover compensation for that damage in the courts...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr

Q&As

Article 21 of Regulation EC 593/2008, Rome I considers the public policy of the forum. To apply, does the governing law need to be a foreign law in the forum with jurisdiction or can Article 21 of Regulation EC 593/2008, Rome I apply when the governing law is the law of the forum?

Regulation EC 593/2008, Rome I applies in respect of choice of law provisions in civil and commercial contracts. The root principle is that courts in...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr

Q&As

Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday, would service be effective from the following Tuesday, ie 2 business days?

This Q&A is only applicable where service took place under the Service Regulation, was commenced before 31 December 2020 at 11 pm and the transitional...

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

Q&As

Can protective measures be made at the same time as making the application for registration under Brussels I? CPR 74.9(1) seems to restrict any enforcement action until after the time for appeal has elapsed and therefore not at the same time as the application for registration.

For the purpose of this Q&A, we have assumed that enforcement is being sought under Regulation (EC) 44/2001, Brussels I and not Regulation (EU)...

9th Apr

Q&As

Is there a time limit for when a European Enforcement Order needs to be served on a debtor?

European Enforcement OrdersThe European Enforcement Order (EEO) is a certificate that accompanies a judgment or settlement and is recognised, and can...

Produced in partnership with James Tunley of Lamb Chambers 9th Apr

Q&As