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.
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.
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.
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?
Dispute Resolution analysis: In Bassey v Whittaker, Mr Justice Cavanagh held that, absent agreement between the parties, a significant development in...
The Online Procedure Rule Committee has published a draft practice direction setting out the procedures that would apply to online County Court...
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
Dispute Resolution analysis: Following the dismissal of the claimants’ claims, it was ordered that they pay the defendant’s costs on the indemnity...
Law360, London: Online payment company QuidPay Finance Ltd (QuidPay) had its legal costs stemming from its funds dispute with a fintech platform...
This Practice Note provides guidance on permission to appeal (PTA) under Part 52 of the CPR. For detailed guidance on how to apply for permission to...
This Practice Note considers the application of general jurisdiction gateway 2 which covers an injunction sought to require or restrain an act in...
Civil justice reform: This Practice Note should be read in conjunction with Practice Note: Civil justice reform in Scotland—virtual hearings and...
This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on...
This Practice Note explains when an appellant may raise a new point or argument in a civil appeal. It sets out the general rule against raising new...
Note: this Precedent is a claimant Part 36 offer letter; it does not cover CPR 36 provisions that relate specifically to fixed costs cases. For...
_____________________________________[DRAFT ]SETTLEMENT AGREEMENT—pre-action settlement[WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [SUBJECT TO...
[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name and address of other party’s solicitor]Dear...
Address of Website OperatorDear [insert organisation name]Notice and take-down letterWe act for [insert client details], on whose instructions we are...
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 claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
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 judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
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 contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
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?This Practice Note considers the first question to ask when faced with a prospective claim in...
Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...
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 N244This Practice Note provides guidance on completing the most common form of application notice, form N244.This Practice...
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 proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...
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 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 claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
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?This Practice Note considers the requirement for there to be a false statement of fact for an...
Generally, the appropriate track for claims for which the small claims track is not appropriate and which have a financial value of not more than £25,000.
The statement of case in which the claimant sets out the facts he relies on to establish a cause of action against the defendant.
Service by fax is the delivery of legal documents to another party by facsimile transmission. In practice it is an optional form of electronic service and is effective only where the relevant court rules permit it and the recipient has expressly agreed to accept service by fax and supplied a fax number.
In England and Wales, the Civil Procedure Rules permit service by fax (including, where agreed, a claim form) under CPR 6.3 and Practice Direction 6A, with timing and deemed service governed by CPR 6.26. Prior written indication of acceptance is essential. Practitioners should keep the fax transmission report and cover sheet as proof of service and check any limits stated in the receiving party’s consent.
In Scotland, Northern Ireland and Ireland, usage is broadly similar: service by fax is generally valid only with the other party’s prior written consent or a court direction, and it is not a default method for originating process. Local rules increasingly prefer email, e‑filing or formal service by officers or post.
Across all jurisdictions, many courts and public bodies have withdrawn fax facilities. Service by fax is now rare and risky for time‑critical steps; obtain consent and confirmation of receipt, and consider alternative rule‑compliant methods.