The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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. The key implications for civil appeals are set out below. For general guidance on the implications of the pandemic for dispute resolution practitioners, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.
This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on appeals and covers some of the initial considerations for appellants. It identifies some of the most common grounds of appeal in appeals to the County Court, the High Court and the Court of Appeal. For more information on the scope of this content, see: Civil appeals: general and preliminary considerations—overview.
In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in any court guide applicable to the division in which the case is proceeding, see Practice Note: Civil appeals—court specific guidance.
For guidance on the measures that have been introduced as a result of the coronavirus pandemic that are of relevance to those involved in appeals in the civil courts and which may impact the guidance concerning normal practice set out in
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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
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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