Disputes and remedies

Disputes and remedies guidance:

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...

Practice Note

This Practice Note looks at costs judges’ discretion to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers the courts’ discretion...

Practice Note

ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions...

Practice Note

ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions...

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 considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For guidance, see: Cross...

Practice Note

Produced in partnership with Leigh Callaway of Fladgate LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

Precedents

Where a dispute is brought to an end by a payment of damages or compensation, whether under a court order or an out-of-court settlement agreement: • the person receiving...

Practice Note

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on title. It also sets out...

Practice Note

Effective preparation of bundles is an essential element of a smooth, orderly hearing and something which practitioners should keep in clear focus as part of their...

Practice Note

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...

Practice Note

A contract may be wholly discharged by agreement as follows: • where one party releases the other from its obligations by deed (release) • the parties agree to compromise...

Practice Note

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Once a charging order has been obtained, the creditor has security for the debt, but if the debt remains unpaid the next step for the creditor is to enforce the order...

Practice Note

CPR 83 provisions regarding writs and warrants As of 6 April 2014 the existing Rules of the Supreme Court (RSC) and County Court Rules (CCR) rules governing writs and...

Practice Note

Damages may not always be an adequate remedy for breach of contract or, indeed, an appropriate one. This may be particularly so if the contract has not yet been breached...

Practice Note

Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate...

Practice Note

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see Practice Note:...

Practice Note

What is an estoppel? As Lord Denning MR put it in Moorgate Mercantile v Twitchings (page [323]), estoppel is a principle of justice and of equity which provides, in very...

Practice Note

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and statutory controls...

Practice Note

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation...

Practice Note

A valuer estimates or assesses the worth or value of, or fixes a price for, a property. This note does not cover the liability of a valuer acting as an arbitrator. Margin...

Practice Note

ARCHIVED: This Practice Note has been archived and is for historical purposes only. CPR provisions The provisions relating to general rules about costs will continue to...

Practice Note

Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of their respective beneficial interests in the shared home. This can create...

Practice Note

What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party to either refrain from doing...

Practice Note