The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on conducting a reasonable search for standard disclosure under CPR 31.7. It answers the following key questions on disclosure under the rules: ‘What is standard disclosure?’, ‘What is a document?’ and ‘What is a reasonable search?’ in terms of meaning, relevance, reasonableness and control by reference to the overriding principles. This Practice Note ought to be read in conjunction with Practice Note: Disclosure—practical tips on conducting a reasonable search (standard disclosure).
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.
Claims started on or after 1 October 2015 in the Business and Property Courts may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes in the context of disclosure, see Practice Notes: Business and Property Courts—shorter trials scheme for claims issued on or after 1 October 2015—Disclosure under the shorter trials scheme and Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015—Disclosure under the flexible trials scheme.
Standard disclosure requires your
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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
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
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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