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 Court specific guidance below.
This Practice Note proceeds on the basis that you have obtained permission to adduce expert evidence and your evidence is not to be prepared or given by a single joint expert. For guidance on seeking permission to adduce expert evidence, see Practice Note: Applying for permission to adduce expert evidence and see for guidance on Single joint experts.
Expert witnesses and those instructing them are expected to have regard to:
all relevant CPR Rules and Practice Directions, in particular CPR 35 and CPR PD 35
the Guidance for the instruction of experts in civil claims (the Guidance). Note: on 1 December 2014, the Guidance replaced the ‘Protocol for the Instruction of Experts to give Evidence in Civil Claims’ which had been annexed to CPR PD 35
Practice Direction Pre-Action Conduct and Protocols, para 7
For guidance on the expert's duties, see Practice Note: Duties of an expert.
The Guidance directs experts to model expert reports made available by bodies such as:
the Academy of Experts
the Expert Witness Institute
the Ministry of Justice (for a medical report template)
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
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
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
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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