The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, and The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020, SI 2020/1493, as well as the associated changes to relevant practice directions set out in the Making documents for the 107th, 122nd and 126th practice direction updates. Note the 126th practice direction update made various minor amendments to the 107th practice direction. Those amendments were to ensure, or were consequential on changes made to existing EU Exit instruments, to ensure alignment with the Withdrawal Agreement reached between the EU and the UK:
CPR Parts subject to amendment—CPR 5, CPR 6, CPR 8, CPR 12, CPR 13, CPR 25, CPR 30, CPR 31, CPR 32, CPR 34, CPR 63, CPR 68, CPR 74 and CPR 78. The regulations also set out the transitional and saving provisions.
practice directions subject to amendment/deletion—CPR PD 6A, CPR PD 6B, CPR PD 12, CPR PD 31C, CPR PD 34A, CPR PD 49A, CPR PD 51U, CPR PD 52D, CPR PD 63A, CPR PD 68, CPR PD 74A, CPR PD 74B, CPR PD 78 as well as practice direction: Competition Law—Claims relating to the application of Articles 81 and 82 of the EC Treaty and Chapters I and II of Part I
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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
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