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 in the main section titled Court specific guidance.
This Practice Note discusses freezing injunctions in support of foreign proceedings pursuant to section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). For guidance on applying for a freezing injunction and the applicable principles, see the following Practice Notes:
Freezing injunctions—guiding principles
Freezing injunctions against third parties—the Chabra jurisdiction
Freezing injunctions—the application
Freezing injunctions—the draft order
CJJA 1982, s 25 gives the courts of England and Wales the power to grant interim remedies that are available in domestic proceedings in support of certain foreign proceedings.
CJJA 1982, s 25(1) provides that the power to grant interim relief only applies in support of proceedings commenced or about to be commenced in particular states subscribing to certain international conventions and which are proceedings within the scope of those conventions. However, para 2 of the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997, SI 1997/302 effectively removes those restrictions, and extends the power to include proceedings commenced ‘otherwise’ than in states
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Hearsay evidence in civil litigationThis 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.This Practice
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided
Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action) is a claim brought or continued by a shareholder on behalf of the company in relation to a breach of
TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general
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