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 provides guidance on claiming interest when issuing a claim. For information on claiming interest on judgment debts, see Practice Note: Interest on judgment debts.
You should be aware that the following opportunities may arise to seek interest in respect of a claim:
pre-judgment interest—a specific claim to interest—when completing the claim form and particulars of claim you should include a claim for interest as appropriate, see: Pleading interest in the claim form and particulars of claim and CPR 16.4
post-judgment interest (also known as 'judgment debt interest')—if and when a judgment for a sum of money is ordered, then 'judgment debt interest' (currently at 8%) will (generally) start to run from the date of judgment until satisfaction. See Practice Note: Interest on judgment debts
interest on any costs awarded—where the court determines costs as part of a claim (whether on an interim application and/or on final judgment) there may be scope to seek to recover interest on any costs sum awarded. See Practice Note:Cost orders—interest. This can have particular significance where a Part 36 offer
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
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