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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)

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

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

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

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?

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 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 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

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...
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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...
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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...
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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...
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19th May
tag iconIn-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...
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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...
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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...
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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...
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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...
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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...
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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...
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19th May
tag iconCOVID-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...
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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...
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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...
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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...
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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...
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19th May

Most recent Applications—specific content

Practice notes

Summary judgment and strike out—illustrative decisions

Summary judgment and strike out—illustrative decisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may...
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21st Sep
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,...
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21st Sep
tag iconIn-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...
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20th Sep
tag iconCOVID-19
Practice notes

Strike out and summary judgment—interaction with related applications

Strike out and summary judgment—interaction with related applicationsCoronavirus (COVID-19): The guidance detailing normal practice set out in this...
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17th Sep
Precedents

Drafting note for application notice for strike out on basis of abuse of process—Commercial Court

Drafting note for application notice for strike out on basis of abuse of process—Commercial CourtIntroductionThe application in the Commercial Court...
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15th Sep
Precedents

Drafting note for application notice for summary judgment (part claim)—Commercial Court

Drafting note for application notice for summary judgment (part claim)—Commercial CourtIntroductionThe application in the Commercial Court is made...
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15th Sep
Precedents

Drafting note for application notice for strike out on the basis of no reasonable grounds—Commercial Court

Drafting note for application notice for strike out on the basis of no reasonable grounds—Commercial CourtIntroductionThe application in the...
Read More >
15th Sep
Precedents

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

Drafting note for application notice for strike out on basis of failure to comply—Commercial CourtIntroductionThe application in the Commercial Court...
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15th Sep
Precedents

Drafting note for application notice for summary judgment (whole claim)—Commercial Court

Drafting note for application notice for summary judgment (whole claim)—Commercial CourtIntroductionThe application in the Commercial Court is made...
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15th Sep
Practice notes

Norwich Pharmacal orders—procedure for application

Norwich Pharmacal orders—procedure for applicationCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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13th Sep
Practice notes

Norwich Pharmacal orders (NPOs)

Norwich Pharmacal orders (NPOs)Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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Produced in partnership with Sarah Tresman of Twenty Essex 13th Sep
Q&As

What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?

What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track?The general...
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9th Sep
Q&As

If you wish to set aside a default judgment on the basis that the claim was brought against the wrong party (party A), does it matter that the ‘wrongly named’ defendant (party A) acknowledged service, albeit in so doing it identified the correct defendant identity (party B)?

If you wish to set aside a default judgment on the basis that the claim was brought against the wrong party (party A), does it matter that the...
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9th Sep
Q&As

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence?

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line...
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9th Sep
Q&As

Where terms of settlement of a dispute have been agreed, including a term that the claimant will be applying for judgment but will not enforce it unless the defendant defaults, can the claimant apply for default judgment following failure by the defendant to file acknowledgement of service/defence?

Where terms of settlement of a dispute have been agreed, including a term that the claimant will be applying for judgment but will not enforce it...
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Produced in partnership with David Willink of Lamb Chambers 9th Sep
Q&As

Does the court have a duty to dispose of cases as soon as possible?

Does the court have a duty to dispose of cases as soon as possible?This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules...
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9th Sep
Q&As

I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting...
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Produced in partnership with David Peachey 9th Sep
tag iconCOVID-19
Q&As

Where a client has issued proceedings and the defendant has responded with a bare defence and a Part 18 RFI requesting the information in 14 days time, does this affect the timeframe for a reply to defence?

Where a client has issued proceedings and the defendant has responded with a bare defence and a Part 18 RFI requesting the information in 14 days...
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9th Sep
Q&As

Can a witness be required to respond to Part 18 requests for further information?

Can a witness be required to respond to Part 18 requests for further information?In answering this Q&A, we have referred to a request for further...
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9th Sep
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...
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9th Sep

Popular documents

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having indemnified the (re)insured, to ‘step into its shoes’ to bring an action in the (re)insured’s name. For the purpose

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

Stay of proceedings—when can you apply to stay a claim?

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 identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to

Deed of surrender

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office