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Clyde & Co LLP | United Kingdom | 23 Nov 2023
Obtaining evidence abroad via video in the UK Courts
This year, the Foreign, Commonwealth & Development Office (FCDO) published its guidance on the process for UK litigants wishing to arrange for the…
United Kingdom | 14 Nov 2023
How-to guide: The legal framework for resolving disputes in England and Wales (UK)
This guide will assist in-house counsel and private practice lawyers to understand the dispute resolution framework in England and Wales and provides an overview of procedures both in and out of the formal court system.The guide is a high-level introductory overview for lawyers representing claimants or defendants seeking to resolve a dispute (with an emphasis on commercial disputes) in......
United Kingdom | 14 Nov 2023
Checklist: Considerations prior to issuing court proceedings (UK)
This checklist will assist in-house lawyers, private practice lawyers and risk compliance teams with certain key issues and factors (including costs, funding, the preservation of documents, and pre-action protocols) to bear in mind when a dispute arises and before issuing court proceedings in England and Wales. The checklist will also assist parties in understanding some of the key compliance......
RPC | United Kingdom | 3 Oct 2023
Correcting service protocol: High Court's exercises service power under CPR
In London Fluid System Technologies & Ors v His Majesty's Revenue and Customs, the High Court made an order declaring service of a claim form to be valid, despite the claimants mistakenly serving the defendant at the incorrect email address.
RPC | United Kingdom | 15 Aug 2023
Court of Appeal holds that Denton test applies to setting aside default judgment
In FXF v English Karate Association Ltd & Or, the Court of Appeal held that the three-stage test for relief from sanctions established in Denton v TH White Ltd applies to applications to set aside a default judgment under Civil Procedure Rule 13.3 – clarifying an area where there has been conflicting authority.
RPC | United Kingdom | 1 Aug 2023
Fix up, look sharp: FRC update
Our article "What the Fix?!", published on 15 May 2023, gave a high level overview of the new Fixed Recoverable Costs (FRC) rules published in draft…
Dentons | United Kingdom | 26 Jul 2023
Inadvertent disclosure of privileged documents
The Civil Procedure Rules (CPR) provide that if a party is on actual or constructive knowledge of the mistake then the receiving party must: (a)…
RPC | United Kingdom | 27 Jun 2023
CPR 3.10 cure: Court of Appeal prioritises substance over form in defective jurisdiction challenge
In a recent decision, the Court of Appeal considered whether failure to expressly state that an application to strike out a claim on the basis that the court lacked jurisdiction was being made pursuant to civil procedure rule (CPR) 11 of the Civil Procedure Rules was a defect that could be cured by CPR 3.10. The Court of Appeal concluded that it could, and thus the claim was struck out.
Burges Salmon LLP | United Kingdom | 2 Jun 2023
Bring a procurement claim within time: Lessons from Altiatech v Birmingham CC
Would-be challengers and defending Contracting Authorities need to be aware of a number of unique timing factors, and the notoriously short…
Herbert Smith Freehills LLP | United Kingdom | 23 May 2023
Latest guidance from the High Court on “opt-out” representative actions
The High Court has dismissed an attempt to bring a claim for misuse of private information as an “opt-out” representative action under CPR 19, where…
