The following Dispute Resolution precedent Produced in partnership with St Philips Chambers provides comprehensive and up to date legal information covering:
This Precedent and associated drafting notes are for use in proceedings commenced in the courts of England and Wales at any time provided that the related proceedings in the EU Member State court were commenced on or before 31 December 2020 and the transitional provisions for jurisdiction in Articles 67 or 69 of the Withdrawal Agreement have been met.
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction..
The application should be made using Application notice: Form N244
Application notice (Form N244)
If in the Commercial Court, the relevant court form is Application notice-Commercial Court: Form N244CC.
Application notice (Form N244CC)
For a precedent witness statement to support the application, see Precedent: Witness statement in support of application for stay under art 30 of recast Brussels Regulation.
For a precedent order, see Precedents: Court order for an application to stay proceedings under art 30(1) of Brussels I (recast) or Court order for an application to stay proceedings under art 30(2) of Brussels I (recast).
The application should be made within the time allowed under CPR 11 for disputing jurisdiction. Note: in the Commercial Court this period is extended by CPR 58.
These drafting notes are to be used in conjunction with Form N244 and are
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
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.Note: this Practice Note does not deal with the
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.