Fladgate

Experts

3

Filter by: Practice area
Partner
Fladgate
Contributions by Fladgate Experts

32

Dispute resolution—types of party
Practice Note

This Practice Note looks at parties in litigation for dispute resolution (DR) lawyers. It provides an overview of the types of parties which may become involved (whether as claimant or defendant) in litigation in England and Wales, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of parties in litigation: corporations, partnerships, sole traders, unincorporated associations, children, insolvent individuals or companies, groups, the estate of a deceased party and litigants in person (also known as unrepresented litigants).

Defence and counterclaim—contractual debt claim
Precedent

This Precedent is a draft defence and counterclaim (if appropriate) to a straightforward contractual debt claim. It gives guidance on the contents of the defence (CPR 16.5 and CPR PD 16) including denying, admitting or not admitting each paragraph of the particulars of claim and the statement of truth.

Draft order for issue of a letter of request under the Hague Convention
Precedent

This Precedent and Drafting Note sets out the orders the court may make following an application for an order for the issue of a Letter of Request under the Hague Convention.

Draft order for issue of a letter of request under the Taking of Evidence Regulation
Precedent

This Precedent and Drafting Note sets out the orders the court may make following an application for an order for the issue of a Letter of Request under the Taking of Evidence Regulation.

Draft Settlement agreement—for settling disputes post-commencement of proceedings
Precedent

This Precedent is a draft settlement agreement for use where proceedings have been issued and parties are settling the issued claims (or part thereof). It provides generic wording for such a settlement.

Draft Settlement agreement—pre-action settlement
Precedent

This Precedent settlement agreement is for use in settling a claim or claims before proceedings have been issued. It provides a generic template for drafting a settlement agreement and may be adapted for execution by way of a deed.

Drafting note for application notice for a letter of request under the Hague Convention
Precedent

This Drafting Note sets out guidance on how to complete Form N244 when making an application for a letter of request to obtain evidence from a non-EU Member State. It is drafted on the basis that the evidence is sought under the provisions in the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970 (The Hague Taking of Evidence Convention).

Drafting note for application notice for a letter of request under the Taking of Evidence Regulation
Precedent

This Drafting Note sets out guidance on how to complete Form N244 when making an application for a letter of request to obtain evidence from a witness domiciled in an EU Member State. It is drafted on the basis that the evidence is sought under the provisions in the Council Regulation (EC) No 1206/2001 of 28 May 2001 on co-operation between the courts of the Member States in the taking of evidence in civil or commercial matters (the Taking of Evidence Regulation).

Intra-group services agreement
Precedent

This Precedent intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and, as such, it is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Intra-group services agreement—international
Precedent

This Precedent international intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and where the supplier company is located in a jurisdiction other than England and Wales. The Precedent is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Letter of claim in respect of proposed proceedings against a barrister for negligence
Precedent

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against a barrister for negligence, as required by the Pre-action Protocol for Professional Negligence. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—against an accountant for breach of contract and, or alternatively, negligence in preparing accounts
Precedent

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against an accountant for breach of contract and, or alternatively, negligence in preparing accounts, as required by the Pre-action Protocol for Professional Negligence claims. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—against an investment advisor for breach of contract and, or in the alternative, negligence in providing investment advice
Precedent

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against an investment advisor for breach of contract and, or alternatively, negligence in providing investment advice, as required by the Pre-action Protocol for Professional Negligence. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Other Work

If you expected to see yourself on this page, click here.