The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published.
The issue of costs is important for practitioners and needs to be balanced alongside the legal issues of the proceedings and management of the strategy of the case. For many in practice there is a dearth of specific guidance in the rules and practice directions, such that practitioners need to always be aware of developing guidance from case law in this area. Here are some of the key practical considerations arising from cases in 2016:
CPR 3.13 states that a party will only be able to recover court fees if they do not file their costs budgets in time. While the draconian approach in the high profile decision in Mitchell has softened with the principles set out in Denton v White, the Court of Appeal decision in Jamadar v Bradford Teaching Hospitals shows that CPR 3.13 still has teeth, see below
in Signia Wealth Ltd v Marlborough Trust the court considered its discretion to remove a case from the costs management regime set out in Part 3, see below
CPR PD 3E, para 7.5 requires there to have
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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