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PRECEDENTS
In the matter of the arbitration act 1996 And In the matter of an arbitration Between: [Name of Claimant]        Claimant –and– [Name of Respondent/Applicant]        Respondent/Applicant 1 This is an application by the Respondent under section 30 of the Arbitration Act 1996 (AA 1996). The Respondent in the arbitration makes this application to seek a ruling from the tribunal that it has no substantive jurisdiction hear or determine the dispute which is the subject of the arbitral proceedings brought by the Claimant because [insert reasons for lack of jurisdiction, eg that the dispute is outside the scope of the parties’ agreement to arbitrate]. 2 Page
NEWS
Dispute Resolution analysis: This was an interim decision in an appeal against a decision on whether to award damages in procurement proceedings. The Court of Appeal held that the respondent did not require permission to bring up in its respondent’s notice a liability issue that had been decided against it at an earlier stage in the proceedings. The respondent was seeking to respond to the appellant’s appeal on the damages issue. The respondent was not seeking to appeal against or vary an earlier order and therefore permission was not required by the literal wording of CPR 52.13 and CPR PD 52C, para 8. Otherwise, the Court of Appeal risked creating uncertainty and encouraging parties to appeal at an earlier stage of proceedings. Written by James Lancaster, managing associate at Trowers & Hamlins LLP.
GLOSSARY
In the context of an adjudication, this is the party defending the adjudication claim.
PRACTICE NOTES
This Practice Note provides guidance on responding to a request for further information made pursuant to the Procedure set out in CPR 18 and CPR PD 18 (known as a Part 18 request). It sets out how and why you may object to a Part 18 request, the consequences of failing to respond to a Part 18 request and how to respond to a Part 18 request. What is a Part 18 request for further information? A Part 18 request is a request for further information made pursuant to the procedure under CPR PD 18, paras 1.1–1.7. For further information, see Practice Note: Making a Part 18 request for further information. Can you object to responding to a Part 18 request? There are a number of grounds upon which a recipient of a Part 18 request may object to providing a response. If the receiving party has legitimate grounds for objecting, it is very important that these objections are raised as soon as possible. The importance of raising objections If
PRACTICE NOTES
This Practice Note provides guidance on how to respond to a ‘UK GDPR claim’. This is with reference to the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), as amended by the Data (Use and Access) Act 2025 (DUAA 2025), and the Data Protection Act 2018 (DPA 2018). Claims under the EU jurisdiction are dealt with under the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). UK data protection law (particularly Assimilated Regulation (EU) 2016/679 (UK GDPR)) is largely derived from EEA data protection laws and is therefore generally based on similar principles, although there are some detailed differences in the provisions. In addition, in the UK, assimilated law is the name given to retained EU law (REUL) which remained in force after the end of 2023, such as the UK GDPR. The re-categorisation of REUL (and associated terms) to assimilated law reflected a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary
CHECKLISTS
This Checklist sets out a number of considerations that a dispute resolution lawyer might wish to keep in mind when advising a client responding to a claim advanced by a party in financial difficulty. For more general information on the issues that should be considered in the early stages of a dispute, see Practice Note: Resolving a dispute—initial considerations. For a checklist setting out a number of considerations which a dispute resolution lawyer might wish to keep in mind when advising a client who is commencing or pursuing a claim against a party in financial difficulty, see: Advancing a claim against a party in financial difficulty—checklist. Claims brought by a claimant in financial difficulty In the event that you have reservations about the financial standing of a (potential) claimant, there are a number of issues that you should give some thought to: Initial considerations Issue Considerations How do I establish the financial standing of a (potential) claimant? There are various searches that can be carried out to ascertain the financial
PRACTICE NOTES
This Practice Note considers how to respond to a letter of claim of misuse of private information (a privacy claim). It covers: • initial considerations on receipt of a letter of claim, including whether there is a valid claim, whether any defences are available and whether or not the letter of claim is CPR compliant • any jurisdictional issues that may arise and require assistance from foreign lawyers • immediate steps including: preparing to respond to any interim injunction that may be sought, preventing any further (alleged) harm, document collation and preservation • considerations before responding to a claim • the letter of response • making an early offer to settle • settlement and alternative dispute resolution (ADR) generally • early case management matters For guidance when advising your client in relation to bringing a privacy claim, see Practice Note: Starting a claim for misuse of private information—a practical guide. For general guidance on responding to a letter of claim, see Practice Note: Responding to a letter
PRACTICE NOTES
This Practice Note explains the requirements for responding to an employment tribunal claim (ie defending a claim). If the claim or part of it is accepted (see Practice Note: Submission of a claim to the employment tribunal), the tribunal must send to each respondent: • a copy of the claim form, and • a notice which includes information on: ◦ whether any part of the claim has been rejected, and ◦ how to present a response to the claim, the period by which a response must be received by the tribunal, and what will happen if a response is not received by the tribunal within that time A tribunal may send a copy of the claim form to a respondent at an address that differs from that provided on the claim form. Respondents must present their response form (known as an ET3) to the employment tribunal in accordance with any relevant practice direction. For information on: • the requirements of the practice directions that apply in respect of responses presented
CHECKLISTS
This Checklist provides a structured approach to responding to a contractual debt claim both pre-issue, upon receipt of a letter of claim, and post-issue upon receipt of a claim form and particulars of claim. As a debtor responding to a threatened/actual contractual debt claim, it may assist to understand the guidance offered to claimants (creditors) in such cases, on which see: • Practice Note: Starting a contractual debt claim—a practical guide • Starting a contractual debt claim—checklist Responding to a letter of claim Before issuing proceedings, the creditor should send a letter of claim setting out the details of the debt and warning of the impending claim (whether the claim falls under the Pre-Action Protocol for Debt Claims (the Protocol) or the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction)). The table below sets out the questions that the debtor should be considering when reviewing the letter of claim. If the debtor has not received a letter of claim and the creditor has gone straight to issuing proceedings, see the table in the section:
PRACTICE NOTES
This Practice Note is intended for general commercial organisations in the UK. It provides guidance on how to deal with data subject access requests (DSARs) that may involve disclosing information that identifies other individuals. It reflects the UK General Data Protection Regulation (UK GDPR) and ICO guidance on the right of access. This Practice Note does not cover processing for law enforcement purposes or intelligence services. There is a separate Practice Note dealing with other third party rights such as trade secrets and intellectual property—see Practice Note: Responding to a data subject access request—protecting third party rights. The right of access The right of access is one of several data subject rights set out in the UK GDPR. DSARs are relatively common and are seen as the gateway right, enabling data subjects to exercise other rights such as the right to rectification or erasure. They can be particularly onerous for businesses. The right of access entitles data subjects to: • confirmation of whether their personal data is being processed
PRACTICE NOTES
This Practice Note is intended for private sector commercial organisations in the UK. It considers the steps you should take to meet your obligation under the UK General Data Protection Regulation (UK GDPR) to protect third party rights and freedoms when responding to a data subject access request (also called a DSAR), particularly in relation to trade secrets, intellectual property and copyright. It does not cover processing for law enforcement purposes or intelligence services. There is a separate Practice Note dealing situations where responding to a DSAR could involve disclosing information that identifies another individual—see Practice Note: Responding to a data subject access request—information identifying other individuals. This Practice Note also references European Data Protection Board (EDPB) guidelines. Although EDPB guidance is no longer directly relevant to or binding under the UK GDPR, the ICO has confirmed it may still provide helpful guidance on certain issues. The right of access The right of access is one of several data subject rights set out in the UK GDPR. DSARs are
PRACTICE NOTES
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules (CPR). Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—for further guidance, see: Court specific guidance. This Practice Note considers responding to a defence, counterclaim or defence and counterclaim. It deals with the reply to the defence, the defence to any counterclaim and any reply to defence to counterclaim. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth and electronic filing of statements of case. For further information on responding to additional claims other than a counterclaim (including a claim for a contribution or indemnity), see Practice Note: Making and responding to an additional claim under CPR 20—claims for a contribution, indemnity or other remedy, more specifically sections: