4 Pump Court

Experts

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James Bowling
Barrister, 4 Pump Court
4 Pump Court
James Watthey
Barrister
4 Pump Court
Laura Wright
Barrister
4 Pump Court
Quentin Tannock
4 Pump Court
Rani Noakes
4 Pump Court
Contributions by 4 Pump Court

11

Adjudication and Part 8 proceedings
Adjudication and Part 8 proceedings
Practice notes

This Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication proceedings. It looks at the various stages at which a declaration may be sought—before an adjudication has been commenced, while one is on foot and after an adjudication decision has been given. Such proceedings are a form of Technology and Construction Court ‘adjudication business’.

Adjudication—the Referral Notice
Adjudication—the Referral Notice
Practice notes

This Practice Note explains what a Referral Notice (sometimes referred to simply as a ‘Referral’) is and sets out what it should contain. It also provides practical tips for drafting an effective Referral Notice, and considers when the Referral Notice must be served and the consequences of failing to meet the deadline for service.

An adjudicator's fees and expenses
An adjudicator's fees and expenses
Practice notes

This Practice Note sets out the key principles when considering an adjudicator’s fees and expenses, as well as their potential liability (eg if they breach the rules of natural justice or act outside their jurisdiction). This Note covers the basis of the adjudicator’s entitlement to payment, including any requirement as to reasonableness of their fees, as well as their ability to apportion liability for their fees, joint and severable liability of the parties, and what happens if the adjudicator resigns or has their appointment revoked.

Differences between adjudication and other forms of dispute resolution
Differences between adjudication and other forms of dispute resolution
Practice notes

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination.

Enforcing an adjudicator's decision in the TCC
Enforcing an adjudicator's decision in the TCC
Practice notes

This Practice Note looks at enforcement of an adjudication decision as provided for in section 9 of the Technology and Construction Court (TCC) Guide, including recoverability of the legal costs incurred in doing so. This generally involves a Part 7 claim and summary judgment application, although there may need to be a full (albeit expedited) trial. This Practice Note also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction or governing law clause on adjudication enforcement proceedings. Adjudication enforcement is a form of TCC ‘adjudication business’.

Making a jurisdictional challenge in an adjudication
Making a jurisdictional challenge in an adjudication
Practice notes

This Practice Note addresses whether a jurisdictional challenge can be made in an adjudication and, if so, when the challenge to the adjudicator’s jurisdiction should take place and how to deal with it. It also looks at waiver/reservation of jurisdiction objections, approbation and reprobation (asserting two inconsistent positions), procedures in the Technology and Construction Court relevant to jurisdictional challenges (applications for declarations etc), and whether an adjudication can be stayed (stopped) pending the challenge.

Resignation by the adjudicator
Resignation by the adjudicator
Practice notes

This Practice Note explains the different situations where an adjudicator may resign, which can be mandatory (eg because the adjudication rules/contract provide that they must) or voluntary (eg due to illness), and looks at the procedure for resignation.

Severability of an adjudication decision
Severability of an adjudication decision
Practice notes

This Practice Note considers whether part of an adjudication decision can be severed, so that only part of it is enforced by the court. Severance, which normally arises during enforcement proceedings, may be ordered where part of the decision is made without jurisdiction, in breach of natural justice and/or is determined by a court to be flawed (eg in Part 8 proceedings).

The adjudicator's jurisdiction
The adjudicator's jurisdiction
Practice notes

This Practice Note explains the adjudicator’s jurisdiction to decide a dispute in an adjudication. It looks at how the jurisdiction of adjudicators is derived, their ability to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on jurisdiction.

The Reply and further submissions in an adjudication
The Reply and further submissions in an adjudication
Practice notes

This Practice Note looks at the entitlement of a party to make submissions in an adjudication after the Response (eg a Reply, Rejoinder or Surrejoinder). It also sets out the purpose of additional submissions, practical tips and considerations for drafting them, and considers whether they may include new arguments.

What is a construction contract under the HGCRA 1996?
What is a construction contract under the HGCRA 1996?
Practice notes

This Practice Note considers when the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies, including the meaning of construction contract and the meaning of construction operations (and the issue of hybrid contracts). It also looks at the various exclusions, including the exclusion orders, residential occupier exception and territorial limitations, as well as the ‘in writing’ requirement for contracts entered into before 1 October 2011.

Contributions by 4 Pump Court Experts

14

Bills of lading and sea waybills
Bills of lading and sea waybills
Practice notes

This Practice Note explains the law and practicalities relating to bills of lading and sea waybills in the context of an arrangement for the carriage of goods by sea. It explains the differences between bearer bills, order bills and sea waybills and explains how the functions of the bill of lading as a receipt, document of title and contractual document. The Practice Note also explains who the parties to the contract of carriage are and their interplay with third parties and how a transfer of rights under the documentation may be achieved.

Brussels I (recast)—exclusive jurisdiction (art 24)
Brussels I (recast)—exclusive jurisdiction (art 24)
Practice notes

This Practice Note explains Article 24 of Regulation (EU) 1215/2012 (Brussels I (recast)) which gives the courts of an EU Member State exclusive jurisdiction; irrespective of the defendant’s domicile or any contrary party agreement. The Practice Note covers claims involving immovable property (Article 24(1)), a company’s constitution/corporate governance and validity of actions (Article 24(2)), public registry entries (Article 24(3)), IP rights (Article 24(4)) as well as all proceedings involving the enforcement of judgments (Article 24(5)). This Practice Note includes discussion of the application of Article 24 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

Carriage of goods by air
Carriage of goods by air
Practice notes

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.

Carriage of goods by rail
Carriage of goods by rail
Practice notes

This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It explains the scope of application of CIM, the contract of carriage under CIM, how liability is apportioned under CIM, time bars and jurisdiction.

Carriage of goods by road
Carriage of goods by road
Practice notes

This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR convention is explained, an explanation of multimodal transport is provided and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.

Carriage of goods by sea—charterparties
Carriage of goods by sea—charterparties
Practice notes

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key features of voyage charters, time charters, bareboat charters and slot charters and the damages for breach of charter in relation to each type. It also considers issues of piracy, incorporation of charterparty terms into bills of lading, incorporation of charterparty terms into letters of indemnity, international regulation of carbon dioxide and GHG emissions and bribery within the context of charterparties.

Carriage of goods by sea—the Hague-Visby Rules
Carriage of goods by sea—the Hague-Visby Rules
Practice notes

This Practice Note explains the Hague-Visby Rules which are an international convention enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971) whose purpose is to regulate some of the most important rights and obligations under bills of lading for carriage of goods by sea. The Practice Note covers the scope of the Hague-Visby Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Hague-Visby Rules and the relevant time bars.

Scott Schedules in construction disputes
Scott Schedules in construction disputes
Practice notes

This Practice Note examines the use of Scott Schedules in construction disputes as a tool to identify the key issues between the parties. A Scott Schedule provides, for the judge, a single-source document setting out the rival cases on an item-by-item basis, helping the judge to compare their positions. The Practice Note also includes example schedules (relating to delay and defects claims) and some useful practice points.

Transport and title documents
Transport and title documents
Practice notes

This Practice Note outlines some classes of documents performing the functions of both a document of title and a transport document under which goods are carried. Documents under which goods are carried, and those proving title to goods, are essential to the smooth running of international trade. By far the most important such document in international trade is the bill of lading.

Types of carrier of goods
Types of carrier of goods
Practice notes

This Practice Note provides an introduction to two types of cargo carrier, common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only, and not the carriage of passengers.

Defence (database right infringement)
Defence (database right infringement)
Precedents

This is a Precedent Defence for use in relation to a claim for database right infringement. It can be adapted for use in cases in the Intellectual Property List, including those in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of UK database right pursuant to pursuant to the EU Database Directive, the Copyright and Rights in Databases Regulations 1997 and CDPA 1988. It is designed to respond to the points raised in the Precedent Particulars of claim.

Final order (database right infringement)
Final order (database right infringement)
Precedents

This is a Precedent final order (or order following judgment) for use in relation to a claim for database right infringement. It assumes that the claimant has brought successful proceedings in the High Court for infringement of database rights. It can be adapted for use in either Intellectual Property sub-list or Intellectual Property Enterprise Court sub-list cases. Both sub-lists form part of the Intellectual Property List (Chancery Division) in the Business and Property Courts.

Particulars of claim (database right infringement)
Particulars of claim (database right infringement)
Precedents

This is a Precedent particulars of claim for use in relation to a claim for database right infringement. It can be adapted for use in cases in the Intellectual Property list including those in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of UK database right pursuant to pursuant to the Copyright and Rights in Databases Regulations 1997, SI 1997/3032 and CDPA 1988.

Reply (database right infringement)
Reply (database right infringement)
Precedents

This is a Precedent reply for use in relation to a claim for database right infringement. It can be adapted for use in cases in the Intellectual Property List, including those in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of UK database right pursuant to pursuant to the EU Database Directive, Copyright and Rights in Databases Regulations 1997 and CDPA 1988. It is designed to respond to the points raised in the Precedent defence.

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