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Latest Dispute Resolution News

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)

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Part 36 and split trial—court refuses to make costs order until after damages quantified (Original Beauty Technology Company v G4K Fashion)

The following Dispute Resolution news provides comprehensive and up to date legal information on Part 36 and split trial—court refuses to make costs order until after damages quantified (Original Beauty Technology Company v G4K Fashion)

Featured Dispute Resolution content

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

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

Drafting the particulars of claim and reply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

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

Practice notes

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

Produced in partnership with Charles Spragge of Druces 12th Jan

Practice notes

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...

9th Nov

Practice notes

Unless orders

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

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

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

Economic tort of conspiracy

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...

9th Nov

Practice notes

Contractual estoppel

This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

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

Public access to court documents and information in civil proceedings

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...

9th Nov

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

Extension of time

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

COVID-19

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

Practice notes

Protective costs orders

Protective costs orders and cost capping ordersThe purpose behind a protective costs order (PCO) is to prevent litigants from being precluded from...

9th Nov

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...

9th Nov

In-house

Practice notes

Misrepresentation—what is inducement?

This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...

Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent Service in England and Wales content

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

Practice notes

Service of the claim form—service in the jurisdiction

Coronavirus (Covid-19): The ability to serve a claim form within the requisite time period may be affected by the impact of coronavirus. For guidance,...

19th Apr

Practice notes

Serving documents under the Companies Act 2006

Parallel regimes in the CPR and the Companies Act 2006CPR 6.3(2) provides that when serving a company with a claim form, the claim form may be served...

12th Apr

Practice notes

Serving the defence

This Practice Note sets out the rules that apply when seeking to serve the defence in proceedings. The rules are set out in Section III, Part 6 which...

12th Apr

Q&As

Is there an official document which sets out the position of Bulgaria regarding the EU Service Regulation. Is it a signatory and do any restrictions/exceptions apply?

Bulgaria joined the EU on 1 January 2007. For further information on this, see: EU member countries in brief.Article 26 of Regulation (EC) 1393/2007,...

9th Apr

Practice notes

Service of the claim form—personal service (CPR 6.5)

Coronavirus (COVID-19): no changes have been announced to relax the service requirements in CPR 6. Therefore, the use of personal service when...

8th Apr

Practice notes

Documents to be served on the defendant

This Practice Note sets out the documents that need to be served on the defendant alongside the claim form in civil litigation. The documents are the...

8th Apr

Practice notes

Certification of service of the claim form (CPR 6.17)

This Practice Note provides guidance on the certificate of service of the claim form (Form N215). It looks at why it is required, what information it...

8th Apr

Practice notes

Serving in England and Wales—serving documents from an EU Member State court or tribunal

This Practice Note considers service in England and Wales in relation to documents from an EU Member State court or tribunal under Regulation (EC)...

8th Apr

Practice notes

Witness evidence—service

Serving witness statementsIf you wish to rely on witness evidence, it must be set out in a witness statement, which must be served within the time...

8th Apr

Practice notes

Service of documents on a solicitor in the European Economic Area or on a European Lawyer

This Practice Note considers the rules in both CPR 6.7 for service of the claim form and CPR 6.28 for service of other documents on the defendant’s...

8th Apr

Practice notes

Serving documents—excluding the claim form and defence

This Practice Note considers the provisions for the service of documents other than the claim form, particulars of claim and the defence. For...

8th Apr

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...

8th Apr

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)?

This Q&A assumes that jurisdiction has already been considered and it has been decided that the Courts of England and Wales have jurisdiction to...

Produced in partnership with Kayleigh Lindford of Clarke Willmott 19th Mar

Q&As

If an oral agreement for a loan is made in a foreign jurisdiction, can a claim for repayment of the loan be brought in the English courts?

JurisdictionIf the defendant is living in the UKWhether the English court would have jurisdiction of the dispute needs to be considered under the...

19th Mar

Practice notes

When the claim form is valid for service (CPR 7.5)

This Practice Note considers the question when do I need to serve the claim form?. The time limits for serving the claim form differ depending in...

19th Mar

Practice notes

Timetable for statements of case

This Practice Note refers to old provisions in Part 6 which are subject to savings provisions post 31 December 2020. For detailed guidance on the...

19th Mar

Practice notes

Service of the claim form by a contractually agreed method (CPR 6.11)

This Practice Note considers service of the claim form where there is an agreed method of service in a contract between the parties for service in the...

19th Mar

Q&As