The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the Business and Property Courts—Capped Costs List pilot scheme (a form of fixed costs) which is set out in Practice Direction 51W (CPR PD 51W). The Pilot scheme runs between Monday 14 January 2019 and 13 January 2021. CPR PD 51W contains a bespoke, streamlined procedural code in order to give effect to the principle that there should be a streamlined court procedure, which takes precedence over any other rules or Practice Directions where a conflict arises (CPR PD 51W, para 1.3).
This Practice Note explains which claims will fall within the Capped Costs List pilot scheme, how a case comes into the Capped Costs List, when a case will stay within the Capped Costs List, and the procedural rules which apply under the pilot scheme, including detailed rules on evidence, disclosure and applications. The pilot scheme was introduction through the 102nd Update—Practice Direction Amendments, see News Analysis: 102nd practice direction update—Capped Costs List pilot scheme.
All of the courts which are subject to the Capped Costs List pilot scheme are also subject to the Business and Property Courts disclosure pilot scheme. This will have implications when dealing with the following:
where there is no agreement between the parties at the pre-action stage that the dispute
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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
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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