Disputes and remedies

Disputes and remedies guidance:

For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking...

Practice Note

This Practice Note provides an introduction to the powers the courts of England and Wales (England and English are used for convenience) have in relation to arbitral...

Practice Note

This Agreement is dated [insert day] of [insert month] 20[insert year] Parties 1 [Insert full name and address of individual or company name, number and address of...

Precedents

What is allocation? At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for the purpose of...

Practice Note

Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just and appropriate to do...

Practice Note

This Practice Note considers how to apply to vary or discharge a charging order pursuant to CPR 73.10B in force as of 6 April 2016. How do the 6 April 2016 amendments to...

Practice Note

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In...

Practice Note

Having established the existence of a ‘professional’ who may owe duties to their client, it is then necessary to consider the bases on which such duties may be founded....

Practice Note

What are the Business and Property Courts? The Business and Property Courts (B&PCs) came into operation on 2 October 2017 as a single umbrella for certain specialist...

Practice Note

Introduction This Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The disclosure pilot...

Practice Note

This Practice Note has been updated as necessary in light of the amended CPR 73 and CPR PD 73 in force as of 6 April 2016. A judgment creditor may apply to court for a...

Practice Note

This Practice Note considers the procedure in relation to obtaining charging orders pursuant to the revised CPR 73 and CPR PD 73 in effect as from 6 April 2016. When will...

Practice Note

This Practice Note sets out how to apply for a charging order pursuant to CPR 73 and CPR PD 73. It sets out how to make an application, in terms of: • which form to use...

Practice Note

Charging orders can be sought over land or securities of the judgment debtor—see Practice Note: Charging orders—what are they and when to use them—CPR 73 and related...

Practice Note

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...

Practice Note

This Practice Note sets out the procedure in relation to obtaining interim and final charging orders pursuant to CPR 73 and CPR PD 73 when the County Court Money Claims...

Practice Note

If you are considering seeking a charging order then you must ensure that you register your interim or final charging order for you to be afforded its full protection....

Practice Note

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in force with effect...

Practice Note

This Practice Note considers the jurisdiction for obtaining interim and final charging orders as provided for in the (amended) CPR 73 and CPR PD 73 in force with effect...

Practice Note

This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73. This Practice Note considers who...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when determining whether a claim form can be served on a...

Practice Note

This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence may be admissible...

Practice Note

Joint and several liability Where a covenant is given by two or more persons, they may be liable: • jointly • severally, or • jointly and severally The applicable...

Practice Note

This Practice Note provides a summary of the relevant court/tribunal for issuing proceedings in respect of some of the most common property disputes-related applications,...

Practice Note

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is...

Practice Note

Millett LJ subdivided types of constructive trust into two categories, distinguishing between: • the constructive trust proper, where equity intervenes to prevent the...

Practice Note
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