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Latest Dispute Resolution News

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

The following Dispute Resolution news provides comprehensive and up to date legal information on Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Dispute Resolution weekly highlights—23 September 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—23 September 2021

Deloitte partners escape £19m claim over Barclays swaps

The following Banking & Finance news provides comprehensive and up to date legal information on Deloitte partners escape £19m claim over Barclays swaps

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

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

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Q&As

For the purposes of serving a claim form under CPR 6.9, does a federated governing body of a local authority schools federation with a formal instrument of government constitute a ‘corporation (other than a company) incorporated in England and Wales’, or is it classed as ‘any other company or corporation’?

For the purposes of serving a claim form under CPR 6.9, does a federated governing body of a local authority schools federation with a formal...

Produced in partnership with Timothy Earl of Suffolk Council 18th Aug

Practice notes

Service out of the jurisdiction—process flow

Service out of the jurisdiction—process flowThe UK's departure from the EU on 31 January 2020 has implications for practitioners serving documents out...

11th Aug

Q&As

Where can you find an editable copy of Annex 1 to the Service Regulation? Presumably, the party serving the document fills it in as opposed to the transmitting agency?

Where can you find an editable copy of Annex 1 to the Service Regulation? Presumably, the party serving the document fills it in as opposed to the...

11th Aug

Q&As

I need to serve a claim form in an EU Member State. Given coronavirus (COVID-19), what do I need to think about? What are likely to be barriers in being able to effect valid service?

I need to serve a claim form in an EU Member State. Given coronavirus (COVID-19), what do I need to think about? What are likely to be barriers in...

Produced in partnership with Ryan Hocking of Gatehouse Chambers 10th Aug

COVID-19

Q&As

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form out of the jurisdiction?

A defendant in Cyprus has expressly agreed to accept service by email. Do I still need to make an application for permission to serve the claim form...

10th Aug

Q&As

What would the statutory position be if the postal system is not available due to coronavirus (COVID-19) and the parties have to serve a statutory notice (absent any emergency legislation which may be introduced to deal with this issue)?

What would the statutory position be if the postal system is not available due to coronavirus (COVID-19) and the parties have to serve a statutory...

10th Aug

COVID-19

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

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

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

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

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

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

Is permission required to serve proceedings in Guernsey?

Is permission required to serve proceedings in Guernsey?We have assumed that the proceedings have been issued in the courts of England and...

1st Aug

Q&As

Where there is a contractual agreement on the method of service, do the provisions in CPR 6.11 apply or do the provisions in CPR 6.7 apply given the mandatory wording in that rule?

Where there is a contractual agreement on the method of service, do the provisions in CPR 6.11 apply or do the provisions in CPR 6.7 apply given the...

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

Q&As

Is there a difference between the day on which service is actually effected on the defendant and the day on which service is deemed to have occurred?

Is there a difference between the day on which service is actually effected on the defendant and the day on which service is deemed to have...

1st Aug

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?

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

1st Aug

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Latest Dispute Resolution News

Did a settlement agreement preclude an application to strike out a second claim? (Farnham-Oliver v RM Educational Resources Ltd)

Dispute Resolution weekly highlights—23 September 2021

Deloitte partners escape £19m claim over Barclays swaps

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

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 Service content

Popular documents

Enquiries before contract

Liquidated damages in construction contracts

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Negligence—when is the duty of care breached?

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