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?
A panel of seven justices sitting in the Supreme Court has unanimously declined to introduce a ‘but for’ causation test that would have allowed...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
Construction analysis: In a case concerning a contract for the installation of electrical equipment and cable circuits, the Technology and...
The Civil Justice Council (CJC) has published its final report on civil enforcement, following a 12 week consultation that concluded in September...
The Judicial Appointments Commission (JAC) has announced plans to launch a selection exercise in May 2025 to recruit 25 District Judges across five...
The tort of deceitDeceit claim—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party,...
Dispute resolution clauses—what and whyWhat is a dispute resolution clause?Many commercial agreements contain what is called a ‘dispute resolution...
Adjourning interim hearingsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending...
Misrepresentation—rescission as a remedyThis Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why...
Issue estoppelIssue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the...
Letter explaining DBA—general litigation or advocacyStandard DBA (general litigation or advocacy)We have discussed various options for funding your...
Draft order for an application to challenge English court jurisdictionClaim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND...
Affidavit in support of a freezing injunctionFiled on behalf of the Applicant/[Claimant OR intended Claimant][insert initials and surname of...
Affidavit in opposition to the continuation of a freezing injunction granted without noticeFiled on behalf of the Respondent/Defendant[insert initials...
Imaging order (pre-April 2025) [Archived]ARCHIVED: This Precedent has been archived. It is based on a draft imaging order which was annexed to...
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...
The name given to the disclosure of electronically stored information as opposed to hard copy paper files
Includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or representative'>personal representative is entitled in that capacity
A company created solely for the purpose of owning an asset or portfolio of assets. It can grant security over its assets to lenders to secure loan obligations or issue debt securities secured on these assets.