The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the general principles that apply when processing documents for the purposes of disclosure.
Note: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts under CPR PD 51U in force as of 1 January 2019—for further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
Once documents have been obtained from your client, and any other possible sources, you need to determine whether they are disclosable. The extent to which documents are or are not disclosable will largely depend on the court and track in and on which your claim is proceeding and the terms of any disclosure order made by the court. For further guidance, see: Track specific case management—overview and Court-specific case management—overview.
If you have not already done so, consider any obligations under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), applicable from 25 May 2018. The GDPR introduces substantial amendments to EU and UK data protection law and makes provisions in relation to the processing of personal data and the free movement of such data. Typically, evidence involved in the disclosure process will include personal data. Clients and legal advisors may be data controllers and/or data processors and as such will need to comply with the GDPR. The processing of personal data is permitted
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This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the rights contained in the European Convention on Human Rights (ECHR) (see Practice Note: An introduction to the Human Rights Act 1998). The exercise of
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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