Applications—specific

View Dispute Resolution by content type:

Practice notes

Precedents

Q&As

News

Latest Dispute Resolution News

Dispute Resolution weekly highlights—4 March 2021

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—4 March 2021

Podcast aggregators—avoiding liability for defamation

The following Dispute Resolution news provides comprehensive and up to date legal information on Podcast aggregators—avoiding liability for defamation

Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)

The following Dispute Resolution news provides comprehensive and up to date legal information on Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)

Questioning the ledger—cross-examination on cryptoassets (JSC Commercial Bank Privatbank v Kolomoisky)

The following Dispute Resolution news provides comprehensive and up to date legal information on Questioning the ledger—cross-examination on cryptoassets (JSC Commercial Bank Privatbank v Kolomoisky)

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...

Submission of no case to answer

IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...

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...

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...

Practice notes

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Produced in partnership with Professor Richard A Buckley 12th Jan

In-house

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 12th Jan

Practice notes

The doctrine of merger in judgment

What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...

Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

9th Nov

COVID-19

In-house

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 Nov

Practice notes

Stages of the mediation

This Practice Note sets out the key steps in the mediation process from before, setting the scene at the mediation, private meetings during the...

9th Nov

Practice notes

Litigant in person costs—financial loss and hourly rates

CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...

9th Nov

Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...

9th Nov

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

Claims for rectification

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...

9th Nov

Practice notes

Instructing an expert under the Guidance for the instruction of experts in civil claims

This Practice Note should be considered in conjunction with:•Practice Note: Instructing an expert•Checklist—letter of instruction to expert•precedent:...

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

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

Practice notes

Security for costs—stifling a claim

This Practice Note considers the opposition to a security for costs application on the basis that it would stifle the ability to the claimant to...

28th Sep

Precedents

Request for deposit at court pursuant to an order for security for costs

A request for lodgment of monies under an order for security for costs should be made using a Request for deposit.Instructio...

27th Sep

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...

26th Sep

Practice notes

Security for costs—what is it, its use and the court's discretion

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...

26th Sep

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...

26th Sep

Precedents

Drafting note for application notice for security for costs

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...

26th Sep

Precedents

Witness statement in support of application for security for costs

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...

26th Sep

Precedents

Witness statement opposing an application for security for costs

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

26th Sep

Precedents

Order for security for costs

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...

26th Sep

Practice notes

Security for costs—after an order is made

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...

26th Sep

Precedents

Security for costs—order for payment out of court

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

26th Sep

Precedents

Letter requesting security for costs from the claimant

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...

26th Sep

Practice notes

Security for costs—counterclaims and set-offs

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...

26th Sep

Precedents

Letter to claimant explaining a request for security for costs against a company under CPR 25.13(2)(c)

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...

26th Sep

Practice notes

Security for costs—equivalent orders

This Practice Note considers Civil Procedure Rules (CPR) and practice directions which provide orders for security for costs which are equivalent to...

26th Sep

Practice notes

Security for costs—level of security

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...

26th Sep

Practice notes

Security for costs—payment into and out of court

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...

25th Sep

Practice notes

Security for costs—additional security

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...

25th Sep

Practice notes

Security for costs—ATE insurance

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...

25th Sep