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A guide to disclosure under the disclosure pilot

Disclosure involves identifying and making available documents that are relevant to the issues in dispute to the other parties to the case.

When to use the term 'without prejudice'

We often see ‘without prejudice’ ("WP") on communications between parties in dispute. The suggestion seems to be that adding that banner to a letter might offer some magical protection down the line if the dispute is not resolved. It doesn’t, but a fuller explanation of the principle of without prejudice might be useful.

What is contentious probate?

Contentious probate is the umbrella term for any dispute relating to a person's estate after their death.

What is the professional negligence pre-action protocol?

The pre-action protocol encourages an early exchange of information, narrowing of issues and consideration of alternative methods of dispute resolution, with a view to wherever possible promote settlement of disputes without the need to issue court proceedings.

Will disputes; retrospective capacity assessments

Jean Clitheroe had three children, Debra, Susan and John. On 19 December 2009, Debra sadly died of cancer. Jean was, understandably, deeply affected by Debra's illness and death and as Jean put it, "took to her bed" from the day of Debra's death in late 2009. Jean remained bedridden until her death on 11 September 2017.

Top tips on standard disclosure in litigation

Whether your claim is small or large, a professional negligence or breach of contract or share sale dispute or any other litigation claim going through the court system, disclosure of documentary evidence is going to be a key aspect of the dispute.

In court: Partnership agreement at odds with will

The ownership of a farm was at the centre of a dispute between three (of four) siblings after the death of their parents, Mr & Mrs Williams.

Lease renewals – The Jackson Reforms

On 1 April 2013, significant changes to the rules governing civil litigation were introduced. These changes are known as the Jackson reforms and their purpose is to make the costs of civil litigation more proportionate to the issues in dispute.

What is practical completion and partial possession?

Whether and/or when building works have achieved practical completion is a common question which arises during the course of a project and one which often results in a dispute.

The perils of not stating which law governs your contract

In this, the fifth of a series of articles which looks at some of the most common perils of contracts and how to avoid those perils, we look at the perils of failing to provide which law governs your contract and which country’s courts have jurisdiction to hear any dispute.