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: This case provides an analysis of asymmetrical jurisdiction clauses in the context of a dispute arising from the sale of...
The Master of the Rolls, Sir Geoffrey Vos, has delivered a speech at the International Forum on Online Dispute Resolution considering the role of the...
Dispute Resolution analysis: The High Court has clarified the test governing applications pursuant to CPR 31.12 for specific disclosure in the context...
This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including...
Law360, London: The victim of a phone-snatching in London has secured a court order compelling four companies offering digital asset exchange services...
Serving the defenceThis Practice Note sets out the rules that apply when serving the defence in proceedings. The rules are set out in Part 6, Section...
The Scottish Personal Injury Pre-Action ProtocolBackgroundIn 1995, at the outset of his review into the civil justice system of England and Wales,...
Factual evidence in Scottish civil litigationCivil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and...
Limitation of actions in ScotlandThis Practice Note considers the law of limitation in Scotland. For guidance on:•the law of prescription in Scotland,...
Track allocation—costs recoveryThis Practice Note considers the costs implications of track allocation for civil cases. It notes the costs position...
Order for specific disclosureClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Claim form (defamation)—the contentsThe purpose of the claim formThe claim form is the document used to start proceedings. It contains information...
Case management—allocation questionnaire (Form N150)—drafting notes (before April 2013) [Archived]ARCHIVED: This Precedent has been archived and is...
Draft order for a worldwide freezing injunction (WFO)—Chancery DivisionClaim No. [insert claim number]IN THE HIGH COURT OF JUSTICE[BUSINESS AND...
Model form of order following detailed assessment and authorising a further payment to the child or protected party’s legal representatives[IN THE...
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...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
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...
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...
Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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...
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...
Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative...
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...
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care...
The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...
Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...
Drafting the particulars of claimThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel...
Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...
Is one of the following if they have been instructed to act for a party in relation to the proceedings: —barrister —solicitor —solicitor's employee —manager of a body recognised under s 9 of the Administration of Justice Act 1985 (AJA 1985), or person who, for the purposes of the LSA 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) SCCO Guide defines this as a person authorised to exercise a right of audience or to conduct litigation on behalf of a party to that litigation
A party to any proceedings who does not have a solicitor or other legal representative duly authorised to represent him or her in those proceedings.
A court may order a stay of proceedings which puts a halt or ‘stay’ on the conduct of the proceedings to either a part or whole of a claim.