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
The Law Commission has published a document addressing frequently asked questions (FAQs) about digital assets in private international law, with a...
Dispute Resolution analysis: An interim anti-suit injunction, obtained in breach of the duty of full and frank disclosure has been largely set aside,...
The Civil Procedure Rule Committee (CPRC) has initiated a consultation on proposed amendments to CPR 52.12(3) concerning appellant's notices. The key...
This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including...
TMT analysis: The High Court has assessed damages in a case involving the termination of a licence to use software. The case illustrates how the court...
Latest Dispute Resolution Practice Notes
Changing an expert witnessThis Practice Note addresses the possibility of a party applying to change the identity of its Part 35 expert witness during...
Tracker—legislation, consultations and other developments—Dispute ResolutionThis Tracker considers key forthcoming legislative changes of interest to...
Making a Part 18 request for further informationThis Practice Note provides guidance on making a request for further information using the procedure...
Online dispute resolution and the online courtThis Practice Note considers the use of online dispute resolution (ODR) in civil proceedings in England...
Choosing an expertThis Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for...
Latest Dispute Resolution Precedents
Schedule of costs precedents—Precedent KUPON THE APPLICATION OF THE [PARTY][the parties and their representatives who attended]AND UPON HEARINGAND...
Calderbank defendant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Calderbank claimant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Mediation Notice—no contract or dispute resolution clauseWithout prejudice save as to costs[Insert name and address of other party's...
Calderbank defendant settlement offer post-issue[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Latest Dispute Resolution Q&As
Featured Dispute Resolution content
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...
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...
Tort—the different types of tort
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 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...
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...
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...
Discharge by frustration
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
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...
Forming enforceable contracts—consideration
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 it
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?
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?
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 deceit
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 estoppel
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 claim
Drafting the particulars of claimThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
Proprietary estoppel
Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel...
Breach of statutory duty
Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...
Associated legal terms
Costs
Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.
Open letter
SCCO Guide defines this an offer in writing made by one party to another in detailed assessment proceedings proposing the payment of a specific sum of money thereby avoiding the need for any further delay or expense. If the offer is not accepted and the costs in question are later subject to detailed assessment, the court will have regard to that offer when deciding what order for costs to make.
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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