The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
The UK's departure from the EU impacts the status of judgments of the Court of Justice. For guidance, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied by the courts when determining whether to grant permission to serve out of the jurisdiction or dealing with a dispute as to jurisdiction. The doctrine is also relevant in relation to applications for restraint of foreign proceedings. This Practice Note considers the application of the doctrine of forum non conveniens to these situations. In addition, it considers the use of negative declarations as to a court’s jurisdiction as well as appealing a decision on forum.
Note that when dealing with defamation claims, the doctrine of forum non conveniens has been modified by section 9 of the Defamation Act 2013 (DA 2013), see: Forum non conveniens and defamation cases below.
For guidance on key considerations when dealing with forum non conveniens, see Practice Notes:
Forum non conveniens—connecting factors
Forum non conveniens—requirement for justice
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What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that
Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan
Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July 2013 (the EL/PL protocol) in particular Stage 1 of the process. For guidance on Stage
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