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Latest Dispute Resolution News

Russian bank's £1.3bn fraud trial delayed over bankruptcy

The following Dispute Resolution news provides comprehensive and up to date legal information on Russian bank's £1.3bn fraud trial delayed over bankruptcy

Pandemic prompts proposals to permanently shift civil justice in Scotland to virtual hearing model

The following Dispute Resolution news provides comprehensive and up to date legal information on Pandemic prompts proposals to permanently shift civil justice in Scotland to virtual hearing model

Re Motion Picture Capital Ltd—court refuses to call ‘cut’ on unfair prejudice proceedings

The following Corporate news provides comprehensive and up to date legal information on Re Motion Picture Capital Ltd—court refuses to call ‘cut’ on unfair prejudice proceedings

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...

Practice notes

What is a tort?

What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...

Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May

Practice notes

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...

19th May

Practice notes

How to apply for a third party debt order (TPDO)

How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...

19th May

Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...

19th May

In-house

Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...

19th May

Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...

Produced in partnership with Zainab Hodgson of CMS 19th May

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...

19th May

Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May

Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...

19th May

Practice notes

Fixed costs—money claims

Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...

19th May

Practice notes

Witness summons

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

19th May

COVID-19

Practice notes

Costs budgeting—completing Precedent H (costs budget)

Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...

19th May

Practice notes

Contract interpretation—terms implied by law

Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...

19th May

Practice notes

The tort of procuring a breach of contract

The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...

19th May

Practice notes

Documents to be served on the defendant

Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...

19th May

Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...

19th May

Most recent Q&As content

Q&As

Does the ability to extend the date for the defence between the parties under CPR 15.5 apply to claims under CPR PD 7B? If it does, does any extension (presumably a maximum of 28 days) run from the 14 days?

Does the ability to extend the date for the defence between the parties under CPR 15.5 apply to claims under CPR PD 7B? If it does, does any extension...

20th Sep

Q&As

Are settlement payments classed as earnings under attachments of earnings?

Are settlement payments classed as earnings under attachments of earnings?A judgment creditor can seek to enforce their judgment debt by applying for...

17th Sep

Q&As

If a client would like to voluntarily waive privilege in an investigation, what are the risks and how can they be mitigated?

If a client would like to voluntarily waive privilege in an investigation, what are the risks and how can they be mitigated?Ownership of...

Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 17th Sep

Q&As

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...

17th Sep

Q&As

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?

What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...

Produced in partnership with Jamas Hodivala of Matrix Chambers 17th Sep

Q&As

Is it possible to issue a claim by email in the County Court, specifically the Central London County Court?

Is it possible to issue a claim by email in the County Court, specifically the Central London County Court?According to the Civil Procedure Rules and...

15th Sep

Q&As

Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the parties?

Is it possible to find out the claim number for a High Court Chancery matter in the Rolls Building where we only have the names of the...

15th Sep

Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...

15th Sep

Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...

Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep

COVID-19

Q&As

Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?

Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?In order to determine whether an...

15th Sep

Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...

15th Sep

COVID-19

Q&As

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?This Q&A considers the...

Produced in partnership with Abdul Jinadu of Keating Chambers 15th Sep

Q&As

In proceedings subject to the disclosure pilot scheme under CPR PD 51U, should a court order made at the case management conference make specific reference to the points in sections 1b and 2 of the disclosure review document (DRD), or should the parties deal with disclosure in accordance with the details in these DRD sections?

In proceedings subject to the disclosure pilot scheme under CPR PD 51U, should a court order made at the case management conference make specific...

14th Sep

Q&As

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by...

14th Sep

Q&As

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does not—should this be considered on a case by case basis?

Does the disclosure pilot apply in the Queen’s Bench Division? Part of the QBD falls within the Business and Property Courts, and part of it does...

14th Sep

Q&As

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force). Therefore, initial disclosure did not take place within the meaning of CPR PD 51U, although documents have been disclosed in witness statements. In the disclosure certificate, none of the options apply to this scenario. How should the section on initial disclosure be completed?

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force)....

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

Q&As

What is the position on levying photocopying charges following a request for inspection from the other side under the disclosure pilot?

What is the position on levying photocopying charges following a request for inspection from the other side under the disclosure pilot?CPR PD 51U...

14th Sep

Q&As

Where original documents are emails, but these are then printed off so that they are filed in hard copies, does the disclosure list have to comply with CPR 31.10 or PD 31B? Inspection will not take place on an online or electronic platform; instead the hard copies will be provided.

Where original documents are emails, but these are then printed off so that they are filed in hard copies, does the disclosure list have to comply...

14th Sep

Q&As

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Sep

COVID-19

Q&As

Is a non-party to litigation under a duty to preserve documents when they have been asked to preserve documents by a party to litigation? What if the non-party acted as the agent on behalf of the party to the proceedings?

Is a non-party to litigation under a duty to preserve documents when they have been asked to preserve documents by a party to litigation? What if the...

14th Sep

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Latest Dispute Resolution News

Russian bank's £1.3bn fraud trial delayed over bankruptcy

Pandemic prompts proposals to permanently shift civil justice in Scotland to virtual hearing model

Re Motion Picture Capital Ltd—court refuses to call ‘cut’ on unfair prejudice proceedings

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Submission of no case to answer

The doctrine of res judicata

Serving outside the jurisdiction with court permission—application and order

Most recent Q&As content

Popular documents

Summary assessment—statement of costs

Subrogation in insurance and reinsurance

Amending the articles of association

Arms length management organisations (ALMOs)

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