The following Dispute Resolution practice note produced in partnership with Camilla McPherson provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both domestic and foreign courts. For guidance, see: Coronavirus (COVID-19) considerations below.
This Practice Note summarises the methods for effecting service of a claim form or other documents outside the jurisdiction. In relation to England and Wales, it sets out the relevant CPR rules and factors you need to consider. (Note that there are a number of different ways of approaching service out of the jurisdiction, some more formal than others). This Practice Note provides an overview of information on these methods together with information on some of the issues to consider when determining which method to use. This Practice Note does not deal with issues of jurisdiction or the question of whether the court’s permission is needed before documents can be served outside the jurisdiction. Before considering how to serve outside the jurisdiction, ensure you have referred to the following Practice Notes: Service out of the jurisdiction—process flow, Determining whether permission is required to serve the claim form out of England and Wales and Serving outside the jurisdiction—service when no formal jurisdictional regime applies (is permission required?).
if you are serving in accordance with the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965) (the
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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 provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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