The following Dispute Resolution practice note 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.
Experts and those instructing them are expected to have regard to:
all relevant CPR Rules and Practice Directions
the Guidance for the instruction of experts in civil claims ('the Guidance'). Note: on 1 December 2014, the Guidance replaced the 'Protocol for the Instruction of Experts to give Evidence in Civil Claims' which had been annexed to CPR PD 35
Practice Direction Pre-Action Conduct and Protocols, para 7
This Practice Note should be read in conjunction with:
Instructing an expert under the Guidance for the instruction of experts in civil claims
Checklist—letter of instruction to expert
Letter of instruction to single joint expert (with drafting notes)
A single joint expert (SJE) is an expert instructed to prepare a report for the court on behalf of two or more parties (including the claimant) to the proceedings (CPR 35.2(2)). This is different from an agreed expert which is an expert where the parties agree the identity of the expert but only one party instructs the expert and pays the experts' costs.
The court's power to direct evidence
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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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