About Dispute Resolution
Trying to get to grips with the law underlying your dispute? Looking at trying to settle? Puzzled by costs and funding reforms? Out of your depth on jurisdiction issues?
Civil litigation costs and funding
Make use of our costs recovery toolkit, precedents practice notes, and completing costs budget checklist. As well as funding arrangements guidance, principles of costs recovery, costs budgeting and management.
Starting and progressing a civil claim
Choose from checklists, practice notes, flowcharts and precedents to help you understand and apply to your practice to all relevant provisions and obligations – and avoid consequences for non-compliance.
Starting and progressing a civil claim
Checklists and practice notes on areas like debt claims, corporate disputes, and civil fraud to make sure you’re familiar with the particular procedural provisions governing a dispute and the underlying substantive law.
Dispute Resolution Guidance
Trying to get to grips with the law underlying your dispute? Looking at trying to settle? Puzzled by costs and funding reforms? Out of your depth on jurisdiction issues?
Topics We Cover
Latest Dispute Resolution News
HM Courts & Tribunals Service (HMCTS) has published a position statement on the judicial use of Artificial Intelligence (AI), setting out expectations...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
HM Courts and Tribunals Service (HMCTS) has published a Court Forms Destination Table setting out changes to Chancery Division forms to support the...
The Law Commission has launched a consultation proposing reforms to the product liability regime under Part 1 of the Consumer Protection Act 1987 in...
Dispute Resolution analysis: In Amaal Ventures Ltd and Shievon Ventures Ltd v Eros Ltd, the High Court considered the costs consequences where the...
Latest Dispute Resolution Practice Notes
FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that certain elements may be impacted by the Digital...
This Practice Note introduces the UK’s Data Protection Act 2018 (DPA 2018).For higher-level introductions to data protection law in the UK, see...
This Practice Note deals with practical and procedural issues that may arise in a privacy action. It covers various stages of litigation including...
This Practice Note provides further guidance on key definitions used in the United Kingdom General Data Protection Regulation, Assimilated Regulation...
This Practice Note introduces the general prohibition under Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation...
Latest Dispute Resolution Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION][Insert court, list or sub-list...
Filed on behalf of the ClaimantWitness statement of [initial and surname of witness]Number: [number of witness statement in relation to the witness eg...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION]OR[Insert court, list or...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION][Insert court, list or sub-list...
Filed on behalf of the claimantWitness Statement of [insert initial and surname of witness ]Number of witness statement: [insert number of witness...
Latest Dispute Resolution Q&As
Featured Dispute Resolution content
What is a tort?
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claim
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contract
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicata
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Reserved judgments
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
Novation—why and how to novate a contract
Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
Void contracts
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
Negligence—when does a duty of care arise?
Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
Declaratory relief
Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
The different torts—property, people and animals
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
The application notice—form N244
The application notice—form N244This Practice Note provides guidance on completing the most common form of application notice, form N244.This Practice...
Court etiquette
Court etiquetteThe most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake...
Stay of civil proceedings—when can you apply to stay a claim?
Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...
Promissory estoppel
Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...
Grounds of appeal—appealing a finding of fact
Grounds of appeal—appealing a finding of factWhen will the court allow an appeal against a finding of fact?The appeal court will only allow an appeal...
Restitution for unjust enrichment—elements of the claim
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
Interest on judgment debts
Interest on judgment debtsThis Practice Note provides guidance on claiming interest on judgment debts.For information on claiming interest when...
Misrepresentation—what statements will establish a claim?
Misrepresentation—what statements will establish a claim?This Practice Note considers the requirement for there to be a false statement of fact for an...
Associated legal terms
Detailed assessment
The procedure by which a court assesses the costs to be paid by one party to another under a costs order already made.
Judgment by default
A judgment by default is a court order determining a claim where the defendant has failed to take a required procedural step, usually failing to acknowledge service, lodge a notice of intention to defend or file a defence within the prescribed time limits. It allows the claimant to obtain judgment without a contested hearing.
In England and Wales and Northern Ireland, default judgment is primarily governed by the Civil Procedure Rules and corresponding county court rules, distinguishing between judgment for a specified (liquidated) sum and for an unspecified amount, and between administrative and judicial entry of judgment.
In Scotland, the broadly equivalent concept is decree in absence under the Ordinary Cause Rules and Simple Procedure Rules. In Ireland, default judgment procedures are set out in the Rules of the Superior Courts and Circuit Court Rules.
Across these jurisdictions, a judgment by default can be set aside or varied on specified grounds, such as improper service, procedural irregularity, or where the defendant shows a real prospect of defending the claim and acts promptly. It is a key enforcement tool and a significant litigation risk where time limits are missed.
Random access memory (RAM)
offers fast read and write access. Can be used to store operating system and data for applications and files in a palm pilot
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