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Dispute Resolution weekly highlights—21 January 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—21 January 2021

Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

The following Arbitration news provides comprehensive and up to date legal information on Additional parties joined to AA 1996, s 67 proceedings (Republic of Uganda v Rift Valley Railways (Uganda))

Receivers are granted injunction to give effect to court’s previous order (Beveridge and another v Quinlan and others)

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Hague Judgments Convention unlikely to prompt sea change away from arbitration

The following Arbitration news provides comprehensive and up to date legal information on Hague Judgments Convention unlikely to prompt sea change away from arbitration

Featured Dispute Resolution content

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 mean? And how...

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Multiple tortfeasors—liability issues and contribution claims

This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...

Privilege—joint and common interest privilege

This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...

Practice notes

Tort claims—causation in law

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...

Produced in partnership with Laurence Page of Hardwicke Chambers 12th Jan

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

Witness evidence—similar facts evidence

Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...

9th Nov

Practice notes

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...

Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan

Practice notes

Single joint experts

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

Conditional fee agreements—success fees

This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...

9th Nov

In-house

Practice notes

Detailed assessment—default costs certificate

The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...

9th Nov

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

Application of the decision in Owusu v Jackson—key and illustrative decisions

This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...

9th Nov

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

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...

9th Nov

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...

9th Nov

Practice notes

Unfair prejudice petition—the procedure

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

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

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

Strike out for abuse of process (civil) (CPR 3.4(2)(b))

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

9th Nov

Most recent Applications—specific content

Q&As

If both a claim and counterclaim are struck out by a judge due to the claimant’s default, is the defendant allowed to resurrect its counterclaim by issuing a new claim?

The court’s discretion to strike out a case as an abuse of process under CPR 3.4(2)(b) incorporates a number of different rules, including those that...

Produced in partnership with Ali Tabari of St Philips Chambers 21st Jan

Practice notes

Summary judgment—the hearing, orders and costs

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

18th Jan

Practice notes

Strike out and summary judgment applications—how to respond

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

18th Jan

Practice notes

Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))

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

18th Jan

Practice notes

Norwich Pharmacal orders—procedure for application

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

18th Jan

Practice notes

Summary judgment—principles of approach

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

18th Jan

Practice notes

Interim payments—procedure and effect on final judgment

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

18th Jan

Practice notes

Strike out 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...

18th Jan

Practice notes

Relief from sanctions—the application

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

18th Jan

COVID-19

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...

18th Jan

Practice notes

Default judgment—relief from sanctions when setting aside under CPR 13.3

This Practice Note confirms that the relief from sanctions test set out in Denton v White applies when making an application to set aside a default...

18th Jan

Practice notes

Summary judgment applications—costs recovery

Claimant is successful—fixed costsWhat is the fixed costs regime?The fixed costs regime is set out in CPR 45. It provides that in certain...

18th Jan

Practice notes

Strike out—after a strike out order has been made

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

18th Jan

Practice notes

Summary judgment—making the application

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

18th Jan

Practice notes

Default judgment—late filing of the acknowledgment of service or the defence [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. For the current position, see Practice Note: Default judgment—application or...

18th Jan

Practice notes

Reference to the European Court of Justice—October 2013 changes [Archived]

This Practice Note has been archived and is not updated.From Tuesday 1 October 2013, CPR 68 is being replaced in its entirety. The rationale for this...

18th Jan

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

This Practice Note considers the requirement under CPR 13.3(2) for the defendant to make a prompt application to set aside a default judgment. The...

18th Jan

Practice notes

Norwich Pharmacal orders (NPOs)

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

18th Jan

Practice notes

Reference to the European Court of Justice—observations, preliminary rulings and urgent applications

This Practice Note is for use when making a reference to the Court of Justice on or before IP completion day (31 December 2020 at 11 pm). A reference...

18th Jan

Practice notes

Default judgment—video hearings pilot scheme (ended 2019) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the video hearings pilot scheme which ran from 30...

18th Jan