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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Disputes and remedies content

Practice notes
Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at...
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17th Sep
Practice notes
Electronic bundles in civil proceedingsEffective preparation of bundles is an essential element of a smooth, orderly hearing and something which...
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Produced in partnership with Quinn Emanuel Urquhart & Sullivan UK LLP 17th Sep
Practice notes
Statements of truthThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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17th Sep
Practice notes
Judicial review—how to start proceedingsThis Practice Note summarises the procedural stages in a judicial review application and then describes in...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 17th Sep
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 17th Sep
Practice notes
Without prejudice communicationsThis Practice Note explains the without prejudice rule that affects the admissibility of evidence relating to genuine...
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16th Sep
Precedents
Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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15th Sep
Q&As
How should a rent arrears claim be made, once possession of a property has been regained using the accelerated procedure?ProcessThe correct process to...
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15th Sep
Practice notes
Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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15th Sep
Practice notes
Enforcing a judgment or order for possession of landCPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the...
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15th Sep
Practice notes
Where to start the claimHigh Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of...
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15th Sep
Practice notes
CPR Part 8 claims (alternative procedure for claims)This Practice Note provides guidance on the interpretation and application of the relevant...
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15th Sep
Practice notes
Claim form—the contentsThis Practice Note considers the current position and provides guidance on the interpretation and application of the relevant...
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15th Sep
Practice notes
Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...
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15th Sep
Practice notes
Limitation—contract claimsIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for...
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15th Sep
Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Sep
Practice notes
Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
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13th Sep
Practice notes
Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution...
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13th Sep
Practice notes
Limitation Act 1980—general applicationIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation...
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13th Sep
Practice notes
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for...
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Produced in partnership with 4 Pump Court 13th Sep

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