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.
This Practice Note gives guidance on the flexible trials scheme (FTS) in Practice Direction 57AB of the CPR (CPR PD 57AB) to claims issued on or after 1 October 2015 in the Business and Property courts. The scheme is intended to reduce the time required for trial thereby reducing costs and enabling earlier trial dates to be obtained. This is to be achieved through limiting disclosure and oral evidence (including submissions) at trial. Although the provisions set out standard directions for disclosure, specific disclosure, factual witness evidence, expert evidence and submissions at trial, there is scope for the parties to seek to vary and adapt those to suit their particular case, with the emphasis being on the parties agreeing the trial procedure.
CPR PD 57AB deals with both the shorter and flexible trials schemes and came into effect on 1 October 2018, following a successful pilot scheme which operated under CPR PD 51N in the Rolls Building only. From 1 October 2018 the FTS applies to all Business and Property Courts and to claims issued on or after 1 October 2015. The shorter trials scheme (STS) is also contained
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This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods, or•dishonestly undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to
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