Insights & News

A guide to the litigation process in England and Wales

Inbrief

06 February 2024

If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

Jurisdiction Challenges

Inbrief

28 October 2021

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

Enforcing arbitral awards in England & Wales

Inbrief

28 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Adjudication

Inbrief

08 July 2021

Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).

RE: Occupy - Real Estate FAQs for Tenants during Covid-19

Inbrief

16 June 2021

The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.

It takes two to make a thing go right...! The two-part possession hearing

Inbrief

09 November 2020

On 27 March 2020, all possession claims and evictions (save for a few exemptions) were stayed as a result of the Coronavirus pandemic. Fast forward to 20 September 2020, and the stay has been lifted, but there are new arrangements released by the Master of the Rolls “The Overall Arrangements” which deal with how the Court intends to return to hearing possession claims and the challenges it faces. Most important to note is the introduction of a “Review Hearing”.

Reactivation Notice: Pursuant to Practice Direction 55C

Inbrief

07 August 2020

Landlords wishing to proceed with possession action issued before 3 August 2020 and which has been stayed automatically by CPR55.29 must file and serve a written notice (a “reactivation notice”) confirming that they wish the case to be listed, relisted, heard or referred.

Trespassers will be prosecuted.....or will they?

Inbrief

19 December 2018

Trespassers or “squatters” can present major issues for owners of commercial land and buildings.