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Latest Dispute Resolution News

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)

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

The following Corporate news provides comprehensive and up to date legal information on Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Featured Dispute Resolution content

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...

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...

Standard of care in professional negligence claims

Standard of care in professional negligence claimsThis Practice Note considers the standard of care in professional negligence claims, originally...

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves...

Practice notes

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...

Produced in partnership with Professor Richard A Buckley 19th May

Practice notes

The tort of deceit

The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...

19th May

In-house

Practice notes

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...

19th May

Practice notes

Contract interpretation—the parol evidence rule

Contract interpretation—the parol evidence ruleIn addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see...

19th May

Practice notes

Drafting the particulars of claim and reply

Drafting the particulars of claim and replyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...

19th May

In-house

Practice notes

Relief from sanctions—the application

Relief from sanctions—the applicationThis Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from...

19th May

COVID-19

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant'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

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note explains anti-suit injunctions. It looks at the timing of an application for anti-suit injunction...

Produced in partnership with Nicolas Pointon and Michelle Radom of Clyde and Co 19th May

Practice notes

Privilege—joint and common interest privilege

Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...

19th May

In-house

Practice notes

Security for costs—requirements and conditions (CPR 25.13)

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

19th May

Practice notes

Adjourning trial

Adjourning trialThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules....

Produced in partnership with Mark Surguy of Weightmans 19th May

COVID-19

Practice notes

Part 18 requests for further information (CPR 18)

Part 18 requests for further information (CPR 18)This Practice Note provides guidance on when to make a request for further information under CPR 18,...

19th May

In-house

Practice notes

Security for costs—making an application

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...

19th May

Practice notes

Charging orders—what are they and when to use them—CPR 73

Charging orders—what are they and when to use them—CPR 73This Practice Note considers the jurisdiction for obtaining interim and final charging orders...

19th May

Practice notes

Specific implement and interim specific implement in Scottish civil litigation

Specific implement and interim specific implement in Scottish civil litigationThis Practice Note considers the position on final orders for specific...

Produced in partnership with Jim Cormack of Pinsent Masons 19th May

Scottish Law

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

Most recent Settlement content

Q&As

Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.

Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the...

Produced in partnership with Mr Tom Montagu-Smith, QC 1st Aug

Q&As

Can a settlement agreement, appended as the confidential schedule to a Tomlin Order, provide that in the event of default under the agreement the proceedings are automatically reactivated in full (such that the settlement agreement falls away, rather than the proceedings being to enforce the terms of the settlement)?

Can a settlement agreement, appended as the confidential schedule to a Tomlin Order, provide that in the event of default under the agreement the...

1st Aug

Q&As

Can a defendant make a Part 36 offer for the claimant to dismiss their claim and pay a proportion of the defendant's costs?

Can a defendant make a Part 36 offer for the claimant to dismiss their claim and pay a proportion of the defendant's costs?In order to be a valid Part...

1st Aug

Q&As

My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they sign, and their signature be witnessed, remotely?

My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

COVID-19

Q&As

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?CPR 45 specifies when fixed costs will apply to a...

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

Q&As

If a defendant’s part 36 offer is varied downwards due to the discovery of dishonesty on the part of the claimant, will the defendant be protected in relation to costs from the date of the initial offer?

If a defendant’s part 36 offer is varied downwards due to the discovery of dishonesty on the part of the claimant, will the defendant be protected in...

1st Aug

Q&As

Is a judgment required in order to enforce a settlement deed where there has been a default of payment obligations (including to obtain an order for questioning of the defaulting party)? If so, is the only option a Part 7 claim? If there are other options (like a Part 8 claim) will the court fee be any less than a Part 7 money claim?

Is a judgment required in order to enforce a settlement deed where there has been a default of payment obligations (including to obtain an order for...

1st Aug

Q&As

What action can a landlord take where its residential property possession proceedings have been struck out, and where a property owner A brought proceedings against B which were then compromised by way of a Tomlin order and settlement agreement, if B then defaults under the settlement agreement what action, if any, can C (as subsequent owner of the property) take against B, assuming that C was not a party to the settlement agreement or proceedings which it comprised?

What action can a landlord take where its residential property possession proceedings have been struck out, and where a property owner A brought...

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 a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st day falls on a Sunday, does that make the offer invalid?

In a pre-action situation, if a party makes a part 36 offer for a relevant period of 21 days, if the 21st day falls on a Sunday, does that make the...

Produced in partnership with David Sawtell of 39 Essex Chambers 1st Aug

Q&As

Can defendant beneficiaries make a valid Part 36 offer given that any payment to be made under the offer would be paid from the estate (not the beneficiaries) and therefore, would not be available to be paid within the 14-day deadline for defendant Part 36 offers?

Can defendant beneficiaries make a valid Part 36 offer given that any payment to be made under the offer would be paid from the estate (not the...

1st Aug

Q&As

Where a claimant makes a Part 36 offer and the judgment is ‘at least as advantageous’ as the offer, are costs budgets relevant when determining the claimant's costs?

Where a claimant makes a Part 36 offer and the judgment is ‘at least as advantageous’ as the offer, are costs budgets relevant when determining the...

1st Aug

Q&As

Can a Part 36 offer still remain valid if it is made subject to the condition of documentary evidence of a subrogated claim?

Can a Part 36 offer still remain valid if it is made subject to the condition of documentary evidence of a subrogated claim?Part 36 offers—generalA...

1st Aug

Q&As

Can a litigation friend agree to vary a Tomlin schedule on behalf of a defendant who is a minor? All parties agree to the amendment.

Can a litigation friend agree to vary a Tomlin schedule on behalf of a defendant who is a minor? All parties agree to the amendment.A Tomlin order is...

1st Aug

Q&As

What is the effect of a Part 36 offer when the sanction in CPR 3.14 has been applied?

What is the effect of a Part 36 offer when the sanction in CPR 3.14 has been applied?STOP PRESS: This Q&A considers the position for a defendant where...

1st Aug

Q&As

Is a court approved settlement agreement settling a possession claim binding and valid due to the fact that the tenant was legally represented throughout the entire process of that settlement agreement being negotiated, signed and ultimately approved by the court or is the agreement void because the tenant did not understand the terms?

Is a court approved settlement agreement settling a possession claim binding and valid due to the fact that the tenant was legally represented...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

Would a (prospective) claimant Part 36 offer made in pre-action correspondence be invalidated if the proposed defendant were then to issue a claim over the same subject matter and therefore the offeror became the defendant?

Would a (prospective) claimant Part 36 offer made in pre-action correspondence be invalidated if the proposed defendant were then to issue a claim...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

On an intestacy where no grant of letters of administration has yet been issued, could the statutory legatees make or receive a Part 36 offer?

On an intestacy where no grant of administration'>letters of administration has yet been issued, could the statutory legatees make or receive a Part...

1st Aug

Q&As

In a small claims matter regarding a road traffic accident, where a defendant has made a Part 36 offer (for less than £10,000) and this is accepted by the claimant, but payment is not made within 14 days, can the claimant claim standard costs for enforcement proceedings?

In a small claims matter regarding a road traffic accident, where a defendant has made a Part 36 offer (for less than £10,000) and this is accepted by...

1st Aug

Q&As

Is it acceptable to make a Part 36 offer to a litigant in person?

Is it acceptable to make a Part 36 offer to a litigant in person?STOP PRESS: This Q&A considers the position in relation to Rule 36 as in force prior...

1st Aug

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Settlement

View Dispute Resolution by content type:

Latest Dispute Resolution News

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)

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

Henderson v Henderson considered in context of unfair prejudice proceedings (Taylor Goodchild Ltd v Taylor and Scott Taylor Law Ltd)

Featured Dispute Resolution content

How to apply for a third party debt order (TPDO)

Skeleton arguments

Standard of care in professional negligence claims

Nuisance—establishing a claim for private nuisance

Most recent Settlement content

Popular documents

Pension commencement lump sums (PCLSs)

Pre-action disclosure—the application

Discharge by frustration

Public inquiry procedure

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