The following Dispute Resolution practice note Produced in partnership with Mark Surguy of Weightmans 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 Civil Procedure Rules. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
A court has the power to adjourn or bring forward 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...’ (CPR 39.1(1)) so CPR 3.1(2)(b) will apply to interim hearings and the trial. For information on adjourning an interim hearing, see Practice Note: Adjourning interim hearings.
When exercising its power under CPR 3.1(2)(b), the court must consider the overriding objective under CPR 1.1. This requires the court to perform a balancing exercise to ensure the parties are on an equal footing, the case is dealt with proportionately, expeditiously and fairly and that a proportionate and appropriate share of the court’s resources is allocated to the case. It is a case management decision whether or not to grant an adjournment.
Where a party wants to vary a trial date or trial period that has already been fixed, an application must be made under CPR 29.5(1) (multi-track claims) or CPR 28.4 (fast track claims). This rule clearly indicates the extent to which the court controls the timetable of the
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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