The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A letter of claim is a prerequisite to the issue of proceedings under the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction). While a failure to send a letter of claim does not prevent a party from instituting proceedings, a failure to comply with the relevant protocol or, where there is no relevant protocol, the spirit of the Practice Direction, will be taken into consideration when case management directions are given (CPR 3.1(4)–(6)) and when making orders for costs (CPR 44.3(5)(a)). A failure to comply with the protocol may therefore mean that even a successful claimant is deprived or part or all of their costs.
The letter of claim is sent to the prospective def
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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