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Latest Dispute Resolution News

Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

The following Corporate news provides comprehensive and up to date legal information on Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Featured Dispute Resolution content

Derivative claim—what it is and when to use it

Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative...

Void contracts

Void contractsWhen 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...

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care...

Section 2(1) of the Misrepresentation Act 1967 allows a claimant to claim damages for non-fraudulent misrepresentation, unless the representor can prove they had reasonable grounds for believing the statement to be true. If the representor had reasonable grounds for believing the statement to be true, would this mean that the misrepresentation was made innocently? In what circumstances could a claimant claim damages for negligent misrepresentation?

Section 2(1) of the Misrepresentation Act 1967 allows a claimant to claim damages for non-fraudulent misrepresentation, unless the representor can...

Practice notes

Forming enforceable contracts—intention to create legal relations

Forming enforceable contracts—intention to create legal relationsAn intention to create legal relations is requiredThere are various situations in...

19th May

Practice notes

Contractual damages—pecuniary losses

Contractual damages—pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for financial...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th May

In-house

Practice notes

Strike out applications—what, who and when

Strike out applications—what, who and whenCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected...

19th May

Practice notes

Estoppel by representation and estoppel by convention

Estoppel by representation and estoppel by conventionThis Practice Note considers estoppel by representation and estoppel by convention. For general...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 19th May

Practice notes

Loss of chance damages

Loss of chance damagesThis Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable,...

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 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

Practice notes

Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)

Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)This Practice Note considers the time limits for making an...

19th May

Practice notes

Disclosure—preparing the list of documents

Disclosure—preparing the list of documentsImportant note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is...

19th May

Practice notes

Which enforcement of judgment method should I choose?

Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...

19th May

Q&As

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3),...

19th May

Q&As

Which box do I need to tick in Form N510 when serving out of the jurisdiction on a Swedish defendant where both claimant (UK) and defendant (SE) are companies in dispute over an unpaid invoice in breach of contract for claimant's media production services?

Which box do I need to tick in Form N510 when serving out of the jurisdiction on a Swedish defendant where both claimant (UK) and defendant (SE) are...

19th May

Practice notes

Jurisdiction agreements—example clauses

Jurisdiction agreements—example clausesThis Practice Note provides examples of the various different types of jurisdiction agreements (also called...

19th May

Precedents

Drafting note for application notice for strike out on basis of failure to comply—Commercial Court

IntroductionThe application in the Commercial Court is made using Form N244CC.Application notice—Commercial Court (Form N244(CC)) (Word)Relevant...

19th May

Practice notes

Mediation-arbitration (med-arb)—an introduction

Mediation-arbitration (med-arb)—an introductionThis Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial...

Produced in partnership with Philip Harris and Stuart Thwaites of Wright Hassall 19th May

Precedents

Drafting note for application notice for permission for the defendant to make an additional claim against a third party—Commercial Court

IntroductionThe application in the Commercial Court is made using Form N244(CC).Application notice—Commercial Court (Form N244(CC)) (PDF).These...

19th May

Practice notes

Extended civil restraint orders

Extended civil restraint ordersThis Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general...

19th May

Most recent Service content

Practice notes

Serving outside the jurisdiction—serving in an EU Member State from 1 January 2021

Serving outside the jurisdiction—serving in an EU Member State from 1 January 2021This Practice Note considers the position in relation to service of...

3rd Aug

Q&As

Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on the defendant’s insurers or should service be on the defendant’s solicitors?

Where a defendant has been in an unknown prison and it is not clear whether they remain in prison or have been released, is it possible to serve on...

1st Aug

Q&As

Under the CPR rules I need to effect personal service. Is this being relaxed due to coronavirus (COVID-19)? What happens if I cannot serve on the defendant personally?

Under the CPR rules I need to effect personal service. Is this being relaxed due to coronavirus (COVID-19)? What happens if I cannot serve on the...

Produced in partnership with Sarah Clarke of Hardwicke Chambers 1st Aug

COVID-19

Q&As

Is court permission to serve out required to serve a claim form in the USA?

Is court permission to serve out required to serve a claim form in the USA?A claim form can only be served outside England and Wales without the...

1st Aug

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?

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...

Produced in partnership with James Tunley of Lamb Chambers 1st Aug

Q&As

Do you have guidance on service of a US Summons in England (ie what does the US firm have to do to ensure effective service)?

Do you have guidance on service of a US Summons in England (ie what does the US firm have to do to ensure effective service)?What service regime...

1st Aug

Q&As

Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed date of service and if the offeree denies receipt of the Part 36 (CPR 36) offer, does this affect the relevant period of the Part 36 offer?

Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed...

1st Aug

Q&As

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express...

1st Aug

Q&As

Can you serve a claim form against someone where their usual residence is a static caravan? If the caravan doesn't have a postcode, would this affect the validity of the service?

Can you serve a claim form against someone where their usual residence is a static caravan? If the caravan doesn't have a postcode, would this affect...

Produced in partnership with David Willink of Lamb Chambers 1st Aug

Q&As

Does CPR 7.4(2) allow the defendant to apply to strike out a claim where particulars of claim are not served within 14 days of service of the claim form, or does the defendant need to wait till the expiration of the four-month window as per CPR 7.4 (2)?

Does CPR 7.4(2) allow the defendant to apply to strike out a claim where particulars of claim are not served within 14 days of service of the claim...

1st Aug

Q&As

When serving a Part 7 claim form in the jurisdiction, do I need to take any special procedural steps given the claimant is domiciled outside the jurisdiction (the claimant was in the jurisdiction at the time the action arose in England in Wales)?

When serving a Part 7 claim form in the jurisdiction, do I need to take any special procedural steps given the claimant is domiciled outside the...

Produced in partnership with Kayleigh Lindford of Clarke Willmott 1st Aug

Q&As

What do I need to consider if seeking to serve a claim form on a dissolved company?

What do I need to consider if seeking to serve a claim form on a dissolved company?Companies Act 2006 considerationsA dissolved corporate body ceases...

1st Aug

Q&As

When the judgment creditor serves an interim charging order and application documents on the judgment debtor as required under CPR 73.7, is it permissible to serve these documents on the judgment debtor’s solicitors or is service on the judgment debtor him/herself required?

When the judgment creditor serves an interim charging order and application documents on the judgment debtor as required under CPR 73.7, is it...

Produced in partnership with Kayleigh Lindford and Philip Roberts of Clarke Willmott 1st Aug

Q&As

If an Isle of Man resident, who is an individual, purchases a vehicle in England but then fails to pay, where the contract contains no jurisdictional clause, can the selling company sue the Isle of Man resident in the English courts for breach of contract? If so would the claimant selling company need permission of the court to serve proceedings outside of the jurisdiction?

If an Isle of Man resident, who is an individual, purchases a vehicle in England but then fails to pay, where the contract contains no jurisdictional...

1st Aug

Q&As

Do you have any case law which covers the situation where—a claim form is issued against a defendant but not served within the timescales allowed under CPR 6.1(2) such that the defendant is not a party to the claim as they have not been validly served with both claim form and particulars, and where the court considers the appropriate procedure when a claim form is issued, but before service the claimant elects not to pursue a defendant, in order to remove the defendant from the proceedings (anticipated as by notice of discontinuance)?

Do you have any case law which covers the situation where—a claim form is issued against a defendant but not served within the timescales allowed...

Produced in partnership with Kayleigh Lindford of Clarke Willmott 1st Aug

Q&As

If serving a claim form on an individual in Jamaica, is permission of the court required to serve out of the jurisdiction?

If serving a claim form on an individual in Jamaica, is permission of the court required to serve out of the jurisdiction?This Q&A assumes that the...

1st Aug

Q&As