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Practice notes
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...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...
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9th Nov
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K & L Gates 12th Jan
Practice notes
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...
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9th Nov
Practice notes
This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Alice Nash of Hailsham Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Q&As content

Q&As
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...
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15th Jan
Q&As
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...
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15th Jan
Q&As
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...
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15th Jan
Q&As
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...
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15th Jan
Q&As
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...
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15th Jan
Q&As
This Q&A considers the process for enforcing a personal guarantee and does not set out considerations to be taken into account when determining...
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15th Jan
Q&As
Section 187B of the Town and Country Planning Act 1990 (TCPA 1990) states that:‘[187B Injunctions restraining breaches of planning control][(1) Where...
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15th Jan
Q&As
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...
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15th Jan
Q&As
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...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 14th Jan
Q&As
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...
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14th Jan
Q&As
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...
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Produced in partnership with David Willink of Lamb Chambers 14th Jan
Q&As
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...
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Produced in partnership with David Gardner of No 5 Chambers 14th Jan
Q&As
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...
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14th Jan
Q&As
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...
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14th Jan
Q&As
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jan

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