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Latest Dispute Resolution News

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Dispute Resolution weekly highlights—6 May 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—6 May 2021

Application of modified universalism where Article 4 of Brussels I (recast) is engaged (WWRT v Tyshchenko)

The following Dispute Resolution news provides comprehensive and up to date legal information on Application of modified universalism where Article 4 of Brussels I (recast) is engaged (WWRT v Tyshchenko)

Liability for costs of detailed assessment (Mullaraj v Home Secretary)

The following Dispute Resolution news provides comprehensive and up to date legal information on Liability for costs of detailed assessment (Mullaraj v Home Secretary)

Featured Dispute Resolution content

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...

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 mean? And how...

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...

Estoppel by representation and estoppel by convention

This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

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

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 CPR 6.14 and its purpose when considered alongside the validity period of...

9th Nov

Practice notes

Applications without notice

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

TCC—preparing for and attending a pre-trial review (PTR)

Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...

9th Nov

Practice notes

Case management—court's powers—Dispute Resolution

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

Strike out 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...

9th Nov

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

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

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

Practice notes

Application of the decision in Owusu v Jackson—key and illustrative decisions

This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...

9th Nov

Practice notes

Interest on judgment debts

This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...

9th Nov

Practice notes

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...

9th Nov

Brexit

Practice notes

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...

9th Nov

Precedents

Drafting note for application notice to extend time for filing the defence

Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...

9th Nov

COVID-19

Practice notes

Applicable law clauses

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

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

Most recent Q&As content

Q&As

Can a £10,000 court fee be refunded if the claim is discontinued before the claim form is served?

This Q&A assumes the reference is to the issue fee paid in accordance with Fee 1 in Schedule 1 to the Civil Proceedings Fees Order 2008 (CPFO 2008),...

6th May

Q&As

Where a claim form and particulars of claim issued via MCOL is served on the defendant at an incorrect address does the claimant need to amend the address on the claim form or is the claimant able to serve it on the defendant at the correct address without any amendment?

Issuing a claim via MCOLAs explained in CPR PD 7E, a claimant may request the issue of a claim form by completing and sending an online claim form and...

Produced in partnership with James Tunley of Lamb Chambers 6th May

Q&As

What is the definition of privilege and where can it be found?

This Q&A considers the concept of privilege as a whole, although there are different types of privilege which may be relevant in the context of...

5th May

Q&As

Does a freezing order give rise to a trust for the benefit of the applicant? If so, who is the trustee?

We have been unable to find any authority which provides that a freezing order, without more, creates a trust in favour of an applicant/claimant....

5th May

Q&As

When must an order be served on a respondent following a without notice application?

In many cases the court will serve the order.Where the applicant is to serve, the precise requirements for serving the order are likely to vary...

5th May

Q&As

An individual has given an undertaking to the court not to dissipate his assets. He intends to purchase a new house in joint names with his wife, to be funded through selling his own house and through funds which are the subject of the litigation. Could this be considered a dissipation of his assets? Is there guidance on what in particular constitutes dissipation?

For the purposes of this Q&A, we have focussed on the issue of dissipation of assets in the context of freezing orders but we have also considered...

5th May

Q&As

Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?

The requirements for a freezing order are set out in Practice Note: Freezing injunctions—guiding principles, these are:•the cause of action against...

4th May

Q&As

In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?

There is potentially a difference between the use of the words ‘will,’ ’shall’ or ‘must’ but it depends on the context and the document as a...

Produced in partnership with Iqbal Mohammed of St Philips Chambers 4th May

Q&As

Is a US interim order for seizure of product enforceable in the courts of England and Wales?

Original question:Can we enforce an interim US court order for seizure of product in the courts of England and Wales?.Enforcement of the orderThe...

4th May

Q&As

How, in summary, does the loss of a chance approach work?

This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of chance claims can be complex. For a summary of practical...

28th 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...

28th Apr

Q&As

The owner of an estate of residential and commercial properties wishes to let a cottage on the estate to a local pub business for use as residential accommodation for pub employees. Is the lease from the estate owner to the pub owner a residential or business lease?

Residential or business leaseAs to whether the lease from the estate owner ('E') to the pub owner ('P') is a residential or business lease will depend...

27th Apr

Q&As

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the...

27th Apr

Q&As

Can we change the date to file a costs budget?

The provisions in the CPR are very clear that a costs budget needs to be filed by the date set out by the court (CPR 3.13). A failure to do so will...

26th Apr

Q&As

Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC?

The short answer is that a party cannot make a claim for costs up to the date of the CMC.Purpose of CPR 3.14The purpose of the provision in CPR 3.14...

26th Apr

Q&As

Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?

Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14.CPR 27.14 states that in...

Produced in partnership with Alexander Campbell of Field Court Chambers 21st Apr

Q&As

In circumstances where the landlord and tenant are limited companies, but there is also a guarantor who is an individual, will the Pre-Action Protocol for Debt Claims apply?

Recovering rent arrearsBefore taking any action to recover rent arrears, landlords must consider:•whether they are able to, and if so whether to...

15th Apr

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 14th 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

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Q&As

View Dispute Resolution by content type:

Latest Dispute Resolution News

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Dispute Resolution weekly highlights—6 May 2021

Application of modified universalism where Article 4 of Brussels I (recast) is engaged (WWRT v Tyshchenko)

Liability for costs of detailed assessment (Mullaraj v Home Secretary)

Featured Dispute Resolution content

Novation—why and how to novate a contract

What is a tort?

Anti-suit injunctions

Estoppel by representation and estoppel by convention

Most recent Q&As content

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