The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Tracker lists a number of decisions in the Court of Appeal and High Court which have considered the interpretation of the CPR provisions dealing with dispensing service of documents and whether they also apply when the defendant is out of the jurisdiction. The relevant CPR provisions are CPR 6.16 and CPR 6.28. Note, the service provisions in Part 6 underwent substantial change in 2008 and cases prior to that date are not included in this case tracker.
The court will only dispense with the requirement to serve the claim form in exceptional circumstances and this will be dependent on the specific circumstances of the case. The following judgments provide examples of the types of circumstances in which the court has exercised its power to dispense with service of the claim form. The examples begin with the most recent judgment:
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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