Practical Law

Part 20 offers a convenient mechanism for defendants to seek contribution from third parties under the Civil Liability (Contribution) Act 1978. A common practical issue relates to the position of a contribution defendant when there is a settlement between the claimant and the liability defendant. Reversing a much-discussed first instance decision, the Court of Appeal … Continue reading Part 20 claims: what needs to be proved →

The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs … Continue reading The costs of freezing order applications →

Three recent cases underline the challenges of maintaining confidentiality in settlement agreements and remind practitioners that this remains an area where neither the intentions of the parties settling, nor the language they use to do so, will be afforded the primacy one might usually expect.

The CPR contain a number of provisions concerning when a document is deemed to have been served. One of these, introduced by amendment in 2011, is CPR 6.14. This provides that:

When the CPR were introduced they changed the rules about the content of a defence. Under the former Rules of the Supreme Court it had been possible to put a claimant to proof of everything in the particulars of claim by means of a general “traverse”. Some readers may feel that they have never seen … Continue reading The beginning of the end for blanket non-admissions? →