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.
You should also consider if the proceedings will be subject to the disclosure pilot in the Business and Property Courts, especially as regards its impact on a party’s obligations to preserve documents and provide initial disclosure. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
If your claim is in the Business and Property Courts, you should consider whether it would be appropriate to proceed under the capped costs list pilot scheme. This is a voluntary scheme which requires the agreement of all parties. It contains specific guidance on the requirements for particulars of claim in cases in the capped costs list. For guidance, see Practice Note: Business and Property Courts—Capped Costs List pilot scheme.
The particulars of claim can be included in the claim form or attached to the claim form as a separate document.
If the particulars of claim are in a separate document they must either be served with the claim form, or within 14 days after service of the claim form. In any event, they must be served no later than the latest
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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
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
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. For guidance, see Practice Note: Coronavirus
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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