The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at the ‘eDisclosure Protocol’, the second edition of which was published on 9 January 2015, which addresses the disclosure of electronic documents in cases conducted in the Technology and Construction Court. It examines its structure, the issues and guidelines that it covers and some practical considerations.
Note: claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme for claims issued on or after 1 October 2015 and Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015.
For guidance on the disclosure pilot scheme in the Business and Property Courts in force as of 1 January 2019, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
The 'eDisclosure Protocol' (Protocol) was originally launched on 1 November 2013. The second version (version 0.2) of the Protocol was published on the TeCSA website on 9 January 2015.
It is intended to assist parties involved in litigation being conducted in the Technology and Construction Court (the TCC) in understanding their disclosure (and particularly e-disclosure) obligations under the Civil Procedure Rules (CPR)
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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
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence. It is only done where the defendant is extremely confident that the claimant has not presented the court with
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