The following Dispute Resolution practice note Produced in partnership with Philip Roberts of Clarke Willmott LLP 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.
The Master of the Rolls issued guidance in March 2013, entitled Terminology for Litigants in Person, to clarify the correct terminology to be used to refer to individuals who conduct legal proceedings on their own behalf. The guidance directs that the term 'litigant in person' should be the sole term used to describe individuals who conduct legal proceedings on their own behalf and the term 'self-represented litigant' should not be used. Note, however, that the term 'self represented litigant' and 'unrepresented litigant' continues to be used in some parts of the CPR. For more information on terminology, see Practice Note: Litigants in person—terminology and representation.
For more information on issues concerning litigants in person, also see Practice Notes:
Litigants in person—applications and orders
Litigants in person—trial and non-attendance
Litigants in person—general considerations, resources and regulators' guidance
Litigants in person—terminology and representation
Litigants in person—pre-action protocols, statements of case and CPR 36
Litigant in person costs—general principles
Litigant in person costs—procedure
Litigant in person costs—costs management and budgeting
Litigant in person costs—financial loss and hourly rates
On the whole, the CPR and other court guidance apply to litigants
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Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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