The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Summary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note sets out how to complete a statement of costs using court Form N260 or in such form that closely follows Form N260. It considers whether the costs associated with producing the statement are recoverable; there is no definitive position. Also covered are filing and service together with the relevant deadlines and what happens if these are missed. Non-compliance is also addressed (CPR PD 44, para 9.6).
Where the general rule applies in relation to summary assessment (CPR PD 44, para 9.2), the parties and legal representatives have a duty to assist the judge in making a summary assessment of costs (CPR PD 44, para 9.5(1)). Parties therefore need to be proactive in ensuring that the court has all the information it requires to be able to make the summary assessment.
A party wishing to claim costs must prepare a written statement setting out their costs (CPR PD 44, para 9.5(2)). This is known as a 'statement of costs'. It is used by a party to set out all the costs it is seeking to be summarily assessed. This may be all costs incurred in making an application or, if the court
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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