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 as at the date the guidance in this Practice Note was published. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes details on the introduction of the new Business and Property Courts (B&PCs) and the Briggs Report on the civil justice system and the online court, as well as considering the key CPR and court guide changes, plus developments concerning the UK’s withdrawal from the EU. Reviewing 2017 Introduction of the Business and Property Courts What happened? The most significant change to the structure of the court system was the introduction of the Business and Property Courts of England and Wales (B&PCs) in October 2017—this being the updated name for England and Wales’ international dispute resolution jurisdictions. It encompasses a number of specialist courts

ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant developments of 2017. This includes: the Ministry of Justice announcement that it would be scrutinising the success of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO 2012); a number of Supreme Court and Court of Appeal decisions dealing with funding under the transitional provisions in LASPO 2012; a report on future reforms for fixed costs published on 31 July 2017; and changes made to CPR 3.18 addressing the relationship between costs budgeting and detailed assessment. This round-up also previews what is on the horizon for 2018 in the costs and funding arena, including consultations arising out of Lord Justice Jackson’s 2017 fixed recoverable costs (FRC) report and the implementation of a new electronic bill of costs. Reviewing 2017 The Ministry of Justice announced it would be scrutinising the success of LASPO 2012, which brought in the Jackson costs reforms—a number of Supreme Court and Court

This Practice Note contains current judicial practice notes and judicial guidance of interest to Dispute Resolution lawyers published for the following courts: the Chancery Division, Commercial Court, King’s Bench Division (not including the Administrative Court or Planning Court), Business and Property Courts, Senior Courts Costs Office and the Rolls Building. It includes practice notes that provide guidance on electronic working, starting a claim, hearings and trial, making applications, witness evidence, judgments and orders, and contempt of court. HM Courts and Tribunals Service (HMCTS) publishes a weekly operational summary which provides a weekly summary of the service operational position for users. Also see @HMCTSgovuk X account. To see the court guides for the individual specialist courts, see Practice Note: Court guides and other guidance. Court guidance on use of AI The Courts and Tribunals Judiciary (CTJ) published guidance on the use of artificial intelligence (AI) to assist the judiciary, clerks and support staff in 2023—Artificial Intelligence (AI)—Judicial Guidance. The guidance was created after consultation with judicial office holders and it outlined potential risks and issues

Service • Procedural errors in service (CPR 3.10)—illustrative decisions • Extending time for service of the claim form—illustrative decisions • Alternative service—illustrative decisions • Alternative service—illustrative decisions (cross-border) • Dispensing with service of documents—illustrative decisions Claims and remedies • ESG litigation—key and illustrative decisions • Contract disputes—key and illustrative decisions (2024–2025) • Force majeure—key and illustrative decisions • Frustration—key and illustrative decisions • Compensation claims by data subjects under UK data protection laws—key case tracker • Civil fraud—illustrative decisions (2024–2026) • Cryptoassets for Dispute Resolution lawyers—key and illustrative decisions • Claims against directors—illustrative decisions • Unfair prejudice claims—illustrative decisions • Claims against directors—key and illustrative decisions [Archived] • Unfair prejudice claims—key and illustrative decisions [Archived] • Derivative claims—key and illustrative decisions [Archived] • Reflective loss—key and illustrative decisions [Archived] • Negligence claims—illustrative decisions (2020–2024) [Archived] • Civil fraud—key and illustrative decisions (December 2019–December 2023) [Archived] • Contract disputes—key and illustrative decisions (2020–2023) [Archived] Injunctions • Injunctions—illustrative decisions • Freezing injunctions—illustrative decisions • Search and imaging orders—illustrative decisions • Proprietary freezing injunctions—illustrative decisions • Injunctions—key and illustrative decisions (September 2019–2024) [Archived] • Freezing injunctions—key and illustrative decisions (2020–2024) [Archived]

The Lexis+® UK Dispute Resolution (DR) team focus on providing content dealing with civil procedure in England and Wales. This new starter guide provides an introduction to DR and focuses on the key issues that arise in DR. It is aimed primarily at trainee solicitors and those who are new to DR as a practice area. However, it can also provide a route-map to content for more experienced lawyers as it includes links to various Lexis+® UK sources and materials which provide more comprehensive information on the issues covered. The DR content is found in a number of different forms, eg Practice Notes, Precedents and Checklists. When considering specific areas, those new to DR are likely to find the Overviews in each of the subtopics in Lexis+® UK DR guidance particularly useful as they provide a summary of the different issues to consider for a specific element of DR and contain links to relevant content to help navigate to deeper level content. For an example, see: Making an application and service—overview. This guide also covers practical

This Tracker provides a summary of pilot schemes in the civil courts which have ended. For information on pilot schemes in the civil courts which are currently in force, see Practice Note: Tracker—pilot schemes—Dispute Resolution. Starting a claim Pilot scheme Details County Court Online Pilot (CPR PD 51S) The County Court Online Pilot contained in CPR PD 51S, was introduced by the 91st update to the Civil Procedure Rules (CPR) to test a procedure that enabled legal representatives to file claims online at the County Court Money Claims Centre (CCMCC) (now known as the Civil National Business Centre).For more information, see Practice Note: County Court Online pilot scheme—CPR PD 51S [Archived]. Court fees Pilot scheme Details Payment by account service pilot scheme This scheme was introduced to enable repeat business users of the courts to pay civil court fees electronically in County Courts and civil justice centres. Following this pilot scheme, a new fee payment service, 'Fee Account', has been implemented.For further information, see News Analyses: New payment by account service

This Practice Note considers the various administrative matters and post-trial considerations that need to be addressed once a civil trial has ended. These include dealing with documentation created during the proceedings, appealing the final decision, potential settlement discussions, correcting errors in the judgment, orders consequential on the judgment, costs recovery, funding arrangements, obtaining interim relief and enforcing the judgment in the event of non-compliance. 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 proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. Post-trial issues Following the conclusion of a civil trial, legal practitioners must deal with a number of administrative issues. These include: • court bundles and counsel briefs—any paper copies of bundles will usually need to be collected from the court and from chambers, although the court may sometimes wish to retain a copy of the bundles. You should check with the court in question • cancelling services—if the trial ends earlier than expected

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 as at the date the guidance in this Practice Note was published. This year’s annual review looks back at some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the Vinyls Italia and Dexia Crediop decisions on applicable law; information on new signatories to the Hague Convention on Choice of Courts; a number of Court of Justice decisions covering issues relating to jurisdiction agreements and other jurisdiction considerations; details of the UK opting into the draft Council Decision authorising the opening of negotiations on a Convention on the recognition and enforcement of judgments in civil and commercial matters; two Court of Appeal judgments (Ras Al Khaimah Investment Authority v Bestfort Development LLP and Candy v Holyoake) on obtaining freezing orders; details of a consultation regarding reform

The following Dispute Resolution (DR) research resources, providing useful practical commentary, legislation, rules and guidance for commercial disputes lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the DR content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). General Title Summary Who should use this resource? Halsbury's Laws of England Volumes relevant for commercial disputes lawyers include (but are not limited to):—Civil procedure (Volume 11–12A)—Conflict of Laws (Volume 19)—Contract (Volume 22)—Contempt of Court (Volume 24)—Courts and Tribunals (Volume 24A)—Damages (Volume 29)—Limitation periods (Volume 68)—Mistake (Volume 77)—Negligence (Volume 78)—Nuisance (Volume 78)—Sale of Goods and Supply of Services (Volume 91)—Settlements (Volume 91)—Tort (Volume 97A)—Unjust Enrichment (Volume 100) Halsbury's Laws of England provides the only comprehensive narrative statement of the law of England and Wales, covering every proposition of English law. The product is divided into alphabetically arranged titles, making it convenient to use and enabling quick and easy research into any

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 as at the date the guidance in this Practice Note was published. This year’s Dispute Resolution starting and managing a civil claim annual review looks back at some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes ongoing applications for relief from sanctions, developments in the law of privilege in SFO v Eurasian and on inadvertent disclosure of privileged material, court guide updates in relation to interim applications, the introduction of new hot-tubbing provisions under Practice Direction 35, para 11, settlement agreements, case developments in applications for permission to appeal and the CJC’s interim report on ADR. Reviewing 2017 Case management What happened? Applications for relief from sanctions continue to be dealt with by the courts, including at Court of Appeal level. In R (Kaur) v The Secretary of State For

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 as at the date the guidance in this Practice Note was published. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes Supreme Court decisions in BPE Solicitors v Hughes-Holland and in Tiuta v De Villiers on issues of recovery of loss and assessing damages in professional negligence claims, the Supreme Court decisions in Globalia v Fulton on mitigation and in Lowick Rose v Swynson on issues of unjust enrichment and transferred loss and, from the High Court, an important decision from Coulson J in Russell v Stone on limitation standstill agreements. Reviewing 2017 Professional negligence—recovering damages and the SAAMCO principle What happened? In BPE Solicitors v Hughes-Holland [2017] UKSC 21, the Supreme Court dismissed the appeal of a trustee in bankruptcy, holding that losses

A body formed pursuant to the provisions of a building contract (eg FIDIC contracts) which has authority to decide disputes referred to it by the parties to the contract. The extent of the dispute board’s powers, its procedures and its ability for its decisions to bind the contracting parties will be set out in the contract. There are two types of dispute boards—a dispute review board and a dispute adjudication board (the latter is able to issue binding decisions). See subtopic: Dispute Boards.