The following Dispute Resolution precedent provides comprehensive and up to date legal information covering:
This Precedent and Drafting Note provide guidance on the standard direction order templates and model paragraphs to use in multi-track cases from Gov.uk—Standard direction order templates and model paragraphs for civil court cases. They should be used as the parties’ starting point when drafting their proposed directions to be submitted to the court as required in accordance with various provisions in the Civil Procedure Rules (CPR). The standard directions and model paragraphs are also to be used by the court when determining case management issues (CPR 29.1).
This Precedent should be considered together with the following multi-track case management directions Precedents, namely:
Standard multi-track directions—no expert evidence
Standard multi-track directions—single joint expert
Claim No. [insert claim number].
[IN THE HIGH COURT OF JUSTICE
[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]]
[Specify specialist court]
[Insert location] DISTRICT REGISTRY
THE COUNTY COURT AT [insert location]
[BUSINESS AND PROPERTY COURTS LIST]]
[insert name] Claimant
[insert name] Defendant
Draft directions order
Warning: you must comply with the terms imposed upon you by this order, otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply, you are expected to make formal application to the court before any deadline imposed upon you expires.
On [date] [Circuit Judge] [District Judge] [Master] [Name] sitting at [Court OR Room Number,] [Name of Court] [considered the papers in the case
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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