The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice (Form N244), supporting evidence (by way of verified witness statement), draft order and fee together with when and, where applicable, how these can be electronically filed, and how to make an application out of hours. It also addresses the way in which the application should be served on the respondents, which level of judge can hear the application and how to restore an application. Finally it offers some practical tips and some ‘universal guidelines’ (set out in Kagazy) on making interim applications.
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR, with the exception of the guidance on out of hours applications, which also considers the various court guides. 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.
Due to the exceptional circumstances of the coronavirus (COVID-19) pandemic, various guidance has been given by the courts. In particular, practitioners should note in relation to making an application the guidance summarised below. However, given that the position is changing at a rapid pace, practitioners are well advised to also check for themselves developments and
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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