The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
The court has power to adjourn a hearing under CPR 3.1(2)(b). Note that ‘hearing’ is defined in the CPR as ‘the making of any interim or final decision by a judge…’ so CPR 3.1(2)(b) will apply to interim hearings and the trial.
For information on adjourning trial, see Practice Note: Adjourning trial.
No guidance is given in CPR 3.1(2)(b) as to how the power to adjourn should be exercised. It is therefore governed by the overriding objective under CPR 1.1. As noted by the court in Decker v Hopcraft at para : ’[t]he decision whether to adjourn a hearing, and the decision whether to proceed with a hearing in the absence of a party, are both case management decisions. The court is required to exercise a discretion, in accordance with the overriding objective, in the light of the particular circumstances of the individual case’.
As will be seen, the approach the court takes will depend to some extent on the reason put forward for needing an adjournment. However, there are
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
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The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
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