ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for practitioners is keeping up to date with developments in case law that affects their practice area. This Practice Note summarises the key appeal cases (Court of Appeal and Supreme Court, and, where relevant, Court of Justice of the European Union (CJEU)), which we have reported on, allowing users ease of access in finding those decisions. This tracker can be browsed and the cases are divided into the following sections: • Key DR developments • Applicable law • Jurisdiction • Service • Limitation • Claims and remedies • Injunctions and other relief orders • Pre-action • Litigation • Case management • Applications specific • Evidence and disclosure • Settlement • ADR • Appeals and Judicial Review • Costs and funding • Enforcement • Insolvency Alternatively, this tracker can be searched using [CTL]+[F]. This tracker is not intended to provide an exhaustive list of all appeals. Key DR developments Brexit—Supreme Court—Article 50 litigation―UK Supreme Court rules

This Practice Note contains links to and a summary of Checklists and Flowcharts available within the Dispute Resolution module. Claims and remedies Cryptoassets • Issues in cryptoasset related civil claims—checklist—this Checklist identifies the key considerations for dispute resolution lawyers handling a claim involving cryptoassets Debt claims • Starting a contractual debt claim—checklist—this Checklist summaries the key factors to consider when pursuing a claim to recover a contractual debt • Responding to a contractual debt claim—checklist—this Checklist summaries the key factors to consider when defending a claim to recover a contractual debt • Appropriation of payments—flowchart—this Flowchart provides a structured approach to determining how payments made by a solvent debtor who owes multiple debts to the same creditor should be appropriated to those debts Misrepresentation and misstatement • Misrepresentation—tough questions for assessing a misrepresentation claim—checklist—this Checklist identifies the sort of questions that will need to be asked of the claimant at an early stage to help form a view of the strength (or weakness) of any claim • Misrepresentation—possible defences for the representor—checklist—this Checklist provides a non-exhaustive

ARCHIVED: This archived Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 16 August 2023. It covers changes since the 25 May 2023 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—May 2023 [Archived]. Hot topic—Litigation funding after PACCAR Michael Bundock, barrister in the LexisNexis Dispute Resolution team, considers the Supreme Court decision in R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28. The much-anticipated decision of the Supreme Court in PACCAR was handed down on 26 July. In a ruling which took much of the funding industry by surprise, the court held that a litigation funding agreement under which the funder is entitled to a return which is based on any damages recovered is a Damages-Based Agreement (DBA) within section 58AA of the Courts and Legal Services Act 1990 and the Damages-Based Agreements Regulations 2013, SI 2013/609. The significance of that ruling is that any DBA which fails to comply with the requirements of section 58AA and of the 2013 Regulations is

ARCHIVED: This archived Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 14 December 2023. It covers changes since the 3 October 2023 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—October 2023 [Archived]. Hot topic—court’s power to order parties to engage in a non-court based dispute resolution process In a landmark decision, the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 made a significant stride in the evolution of dispute resolution within the legal system of England and Wales. The case, stemming from Merthyr Tydfil’s approach to claims made against it in respect of an alleged failure to prevent Japanese Knotweed spreading from its land onto the garden of a neighbouring private home, has revisited the contentious issue of court-mandated dispute resolution processes. In this case the Court of Appeal made clear that the principles in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 are merely influential meaning the court has the authority to stay proceedings for

ARCHIVED: This archived Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 21 February 2024. It covers changes since the 4 December 2023 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—December 2023 [Archived]. Hot topic—CPR and PD changes 1 February and 6 April Another round of CPR rules and Practice Direction (PD) changes come into force on Saturday, 6 April 2024, while 1 February 2024 saw changes to the Electronic Working Pilot Scheme. The CPR changes are set out in The Civil Procedure (Amendment) Rules 2024, SI 2024/106. The main changes deal with: • case management—there are changes to Part 26 (preliminary stage of case management) and Part 28 (fast and intermediate track) that make new provisions while also clarifying existing rules. There are also amendments to Part 31 (disclosure) so that CPR 31.5 applies in the intermediate track • fixed costs—changes are made to the fixed costs set out in Part 45 and these will apply retrospectively. Clarification is provided that parties may expressly agree that Part 45 does

ARCHIVED: This Practice Note has been archived and is not maintained. This Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 12 February 2025. It covers changes since the 29 October 2024 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—October 2024. Hot topic—CPR and PD updates Another round of CPR rules and Practice Direction (PD) updates come into force on Thursday 13 February and Sunday, 6 April 2025. February PD updates The 180th Practice Direction update comes into force on 13 February 2025. It introduces changes to the Damages Claims Pilot under CPR PD 51ZB (DCP) and the Online Civil Money Claims Pilot under CPR PD 51R (OCMC). For the DCP it gives legal advisers the power to consider and decide on digital applications made through the DCP where all parties have legal representation (this change aligns the DCP with the OCMC for digital applications prior to a direction order). For the OCMC, the update increases the claim value threshold for legal advisor review and directions orders

This Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 14 June 2024. It covers changes since the 21 February 2024 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—February 2024 [Archived]. Hot topic—effect of prorogation of Parliament on Bills affecting dispute resolution Following the calling of a General Election on 22 May 2024, Parliament was prorogued on 24 May 2024. The effect of a prorogation is, in general, to quash pending proceedings concerning public bills. The period between the calling of an election and the prorogation of Parliament is known as the wash-up period. During that period (in the present case, only two days) the government and opposition agree on non-controversial legislation which can be hurried through the remaining Parliamentary stages and given Royal Assent. Subject to any agreed carry-over, all other public bills which are before Parliament fail. For details of the procedure, see: • Effect of prorogation upon proceedings in Parliament: Halsbury’s Laws of England [840] • House of Commons Library Briefing: Parliament’s wash-up period before dissolution As

ARCHIVED: This archived Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 9 March 2023. Hot topic—extension of fixed recoverable costs (FRC) Sophie Houghton, solicitor in the Dispute Resolution Lexis+® UK team, considers the extension of FRC which is planned to come into force in October 2023. The extension of FRC will apply where the cause of action accrued on or after 1 October 2023. It will not apply retrospectively. The extension will result in FRC applying to fast track claims for debt, damages or other monetary relief unless specifically excluded in the rules. In contrast to the current FRC regime, the new regime has much wider scope and envisages lengthier, more valuable and more complicated cases. CPR 45 (fixed costs) is being amended to include the new provisions and the draft rules for the extension of the FRC regime are due to be published in advance of the October 2023 implementation date. The new rules will include four complexity bands for cases valued up to £25,000 and four

ARCHIVED: This archived Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 30 May 2023. It covers changes since the 9 March 2023 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—March 2023 [Archived]. Hot topic—London International Disputes Week The London International Disputes Week (LIDW) took place during the week 15–19 May 2023 with the theme ‘Adapting to a Changing World’; LexisNexis was one of the founding members with the first event taking place in 2019. This year’s event commenced with an International Arbitration conference, the second day hosted the main dispute resolution conference and the remaining days involved numerous Member Hosted Events. All these events, together with the various drinks and dinners, provided a fantastic opportunity for LIDW, a forward-thinking forum, to fulfil its aims of ‘bringing together all the stakeholders in London’s dispute resolution community to debate and explore the key issues and topics, and to help drive awareness and best practice globally’. This continues to be a hybrid event with both in person and virtual attendance which

ARCHIVED: This archived Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 3 October 2023. It covers changes since the 16 August 2023 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—August 2023 [Archived]. Hot topic—CPR Changes 1 October Sunday 1 October 2023, saw a large number of CPR and practice direction changes which can be found in the following documents: • The Civil Procedure (Amendment No 2) Rules, SI 2023/572—the majority of changes were made in relation to the extension of fixed recoverable costs (FRC). For information, see: LNB News 25/05/2023 40—Amendments to the Civil Procedure Rules in force on 1 October 2023—The Civil Procedure (Amendment No 2) Rules SI 2023/572 • The Civil Procedure (Amendment No 3) Rules 2023, SI 2023/788—changes were made to a number of CPR rules with substantial changes including the replacement of CPR 14 (admissions) and CPR 24 (summary judgment). For information, see: LNB News 17/07/2023 62—Civil Procedure (Amendment No 3) Rules 2023 • 156th Practice Direction update—the changes were made to reflect the

ARCHIVED: This Practice Note has been archived and is not maintained. This Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at October 2024. It covers changes since the June 2024 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—June 2024. Hot topic—New Supreme Court Rules Significant changes in Supreme Court procedure will take place when the Supreme Court Rules 2024 (SCR 2024) come into force on 2 December 2024, by virtue of the Supreme Court Rules, SI 2024/949. The SCR 2024 revoke and replace the SCR 2009. However, practitioners should be aware that the SCR 2009 will continue to apply to: • appeals that were proceeding before 2 December 2024 • applications for permission to appeal filed before 2 December 2024, and • notices of appeal filed before 2 December 2024 Note, however, that the court or registrar can order that the SCR 2009 do not continue to apply. New Supreme Court Rules Practice Directions (SCR PDs) have been promised. To date they have not been published

This Horizon scanner considers recent and forthcoming developments of interest to Dispute Resolution (DR) lawyers as at 16 September 2025. It covers changes since the 12 February 2025 edition of the Horizon scanner: Dispute Resolution—Horizon scanner—February 2025 [Archived]. Hot topic—CPR and PD updates Another round of CPR rules and Practice Direction (PD) updates come into force on 12 September 2025 and 1 October 2025. September CPR changes These changes update the closed material procedure under CPR 82. The amendments provide for additional permissions regarding with whom a special advocate can communicate and introduce ‘draft closed summary’ and ‘draft closed defence’ documents for application hearings. For further information about closed material procedure, see Practice Note: Closed Material Procedure. October PD and CPR changes The main changes are concerned with the end of the Electronic Working Pilot Scheme under CPR PD 51O and its replacement with a permanent PD in the form of CPR PD 5C. For guidance on the changes and the provisions of CPR PD 5C, see Practice Notes: • How to use CE-File—from 1 October 2025