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Latest Dispute Resolution News

Litigation in France—evolving landscape

The following Dispute Resolution news provides comprehensive and up to date legal information on Litigation in France—evolving landscape

Anonymity and reporting restrictions order refused where application made after trial (R (Imam) v Croydon London Borough Council)

The following Dispute Resolution news provides comprehensive and up to date legal information on Anonymity and reporting restrictions order refused where application made after trial (R (Imam) v Croydon London Borough Council)

The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

The following Arbitration news provides comprehensive and up to date legal information on The construction of an undertaking given in an anti-suit injunction (Quadra Commodities v International Bank of St Petersburg)

Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First Business)

Featured Dispute Resolution content

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Breach of statutory duty

This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...

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...

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...

Practice notes

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Default judgment—setting aside under CPR 13.3

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...

9th Nov

Practice notes

Notice to admit facts

What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...

9th Nov

Practice notes

Costs and the indemnity principle

This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...

9th Nov

Practice notes

Reserved judgments

What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...

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

Default judgment—general principles for setting aside

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For...

9th Nov

Practice notes

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...

Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan

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

Contractual damages—non-pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan

Practice notes

Limitation—latent damage

BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...

9th Nov

Practice notes

Misrepresentation—rescission as a remedy

This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when...

Produced in partnership with Charles Spragge of Druces 12th Jan

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

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 12th Jan

Practice notes

Nuisance—what are public and private nuisance claims?

Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...

9th Nov

Practice notes

Civil fraud—dishonesty and standard of proof

This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...

9th Nov

Most recent Settlement content

Practice notes

Part 36 offers—fixed and capped costs

This Practice Note considers the relationship between Part 36 offers and the specific costs recovery regime of CPR 36 with the CPR 45 provisions on...

Produced in partnership with Imran Benson of Hailsham Chambers 13th Apr

Practice notes

Part 36 offers—who can and when to make them?

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...

13th Apr

Practice notes

Settling disputes—what, when and why settle?

This Practice Note considers when and why achieving a settlement of the dispute should form a part of the overall litigation strategy of conducting...

Produced in partnership with Helen Swaffield of Contract Law Chambers 13th 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 12th Apr

Practice notes

Tomlin orders

This Practice Note considers Tomlin orders, which are often used in settling litigation. A Tomlin order comprises a consent order and a schedule. It...

9th Apr

Precedents

Drop-hands settlement offer—pre-action

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Apr

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Apr

Precedents

Calderbank claimant settlement offer post-issue

[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name and address of other party’s solicitor]Dear...

9th Apr

Precedents

Pre-1 April 2013 Letter to defendant client on receiving a claimant’s Part 36 offer [Archived]

ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only.Private &...

9th Apr

Precedents

Pre-6 April 2015 Letter to defendant client on receiving a claimant’s Part 36 offer [Archived]

ARCHIVED: Private & confidential[insert name and address of addressee][insert date]Dear [insert name of client: defendant][insert case heading]As we...

9th Apr

Precedents

Pre-1 April 2013 Claimant’s Part 36 offer letter [Archived]

ARCHIVED: THIS PRECEDENT IS BASED ON THE PART 36 PROVISIONS IN FORCE PRIOR TO 1 APRIL 2013. IT IS THEREFORE FOR HISTORICAL PURPOSES ONLY.[insert name...

9th Apr

Precedents

Calderbank defendant settlement offer post-issue

[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name and address of other party’s solicitor]Dear...

9th Apr

Precedents

Calderbank claimant settlement offer pre-action

[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name and address of other party’s solicitor]Dear...

9th Apr

Precedents

Pre-1 April 2013 Letter to claimant client about making a Part 36 offer [Archived]

ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only.Private &...

9th Apr

Precedents

Pre-6 April 2015 Letter to claimant client on receiving a defendant’s Part 36 offer [Archived]

Private & confidential[insert name and address of addressee (client)]Date: [insert date]ARCHIVED: This Precedent has been archived and is not...

9th Apr

Precedents

Pre-6 April 2015 Letter to defendant client about making a Part 36 offer [Archived]

ARCHIVED: Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading/description of the...

9th Apr

Precedents

Pre-6 April 2015 Claimant’s Part 36 offer letter [Archived]

ARCHIVED[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert...

9th Apr

Precedents

Pre-6 April 2015 Defendant’s Part 36 Offer Letter [Archived]

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

9th Apr

Precedents

Calderbank defendant settlement offer pre-action

[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name and address of other party’s solicitor]Dear...

9th Apr

Precedents

Pre-6 April 2015 letter to claimant client about making a Part 36 offer [Archived]

ARCHIVEDPrivate & confidential[insert name and address of client][insert date]Dear [insert name of your client][insert the case heading/description of...

9th Apr