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An order for payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay.
Like all interim orders, the relevant procedure is governed by Civil Pocedure Rule 25 and, in particular, Rules 25.6 and 25.7.
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Considerations when commissioning quantum expert evidence in a catastrophic injury case—checklist This Checklist is a quick reference document for use in catastrophic injury cases. It is intended to assist in identifying the various stages, proposed tasks to be undertaken and relevant considerations when navigating the time line for the commission of expert evidence. It may be of most assistance to those who are new to practising in this area. Steps before commissioning expert evidence Gain a full understanding of the claimant’s injuries Talk to your claimant client about: • pre-accident health • injuries suffered • current condition—pain, motor, neurological and sensory function • restrictions on ability to perform day to day activities and functions • impact on work, home and social life and on quality of life See the injuries for yourself (if possible) and look at pre-accident photographs: • scarring • mobility • dexterity Obtain witness statements from partner, close family, friends and work colleagues Obtain and keep up to date all relevant medical notes and records from...
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Interim payment in JCT Standard Building Contract 2011—flowchart [Archived] ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the interim payment
Interim payment process in the NEC4 Engineering and Construction Contract—flowchart Interim payment process
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Interim injunctions—variation, discharge and appeals This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. This Practice Note explains the circumstances in which an interim injunction may come to an end (whether through expiry or discharge) or be varied, as well as considering whether it is possible to vary undertakings. It also briefly addresses appeals in the context of interim injunctions. For general guidance on injunctions, see: Interim and final injunctions—overview, as well as: • Practice Note: Interim injunctions—the American Cyanamid guidelines • Practice Note: Injunctions—key and illustrative decisions (September 2019–2024) [Archived] • Opposing an on notice interim injunction application—checklist • Opposing a without notice interim injunction application—checklist 6 April 2025 changes The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and...
JCT contracts 2016—what's changed? [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note brings together our content on the changes made in the 2016 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts. Publication of the 2016 editions The 2016 editions of the JCT standard form contracts were published as follows: Date Contracts published 15 June 2016 Minor Works Building Contract family (MW, MWD and MWSub/D) 20 July 2016 Short Form of Sub-Contract (ShortSub)Sub-subcontract (SubSub) 22 September 2016 Design and Build family (DB, DBSub/A and DBSub/C) 31 October 2016 Standard Building Contract family (SBC/Q, SBC/AQ, SBC/XQ, SBCSub/A, SBCSub/C, SBCSub/D/A and SBCSub/D/C) 21 November 2016 Collateral Warranties (CWa/F, CWa/P&T, SCWa/E, SCWa/F and SCWa/P&T) 7 December 2016 Intermediate Building Contract family (IC, ICD, ICSub/A, ICSub/C, ICSub/D/A, ICSub/D/C, ICSub/NAM, ICSub/NAM/C, ICSub/NAM/E) 30 March 2017 Constructing Excellence Contract (CE)Consultancy Agreement (Public Sector) (CA)Framework Agreement (FA)Major Project Construction Contract family (MP and MPSub)Measured Term Contract (MTC)Pre-Construction Services Agreement (PCSA and PCSA/SP)Prime Cost...
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Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...
Deed of retirement from a limited liability partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [insert name of retiring member] of [insert address] (Retiring Member); 2 [insert name] LLP a limited liability partnership (registration number OC [insert number]) whose registered office is at [insert address] (LLP); and 3 The persons whose names and addresses are set out in Schedule 1 (Continuing Members). background: (A) The Retiring Member and Continuing Members are members of the LLP. (B) The Retiring Member is to retire from the LLP on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Member in place of any statutory provisions and any provisions of the LLP Agreement that would otherwise apply to the retirement of the Retiring Member. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accounting Period • means each period of 12 months ending on the Accounting Reference Date; Accounting Reference...
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This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 11th edition of the King’s Bench Guide and the Court of Appeal decision in Freeman v Home Farm Ellingham Ltd (specific performance); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
Construction analysis: In this Part 8 claim, the Technology and Construction C ourt (TCC) held that, while informal, the parties had entered a concluded contract by an exchange of WhatsApp messages. The essential terms had been agreed and other terms were not essential or would be implied. The court further held that three out of four invoices issued by the defendant were valid applications for payment, even where two of the invoices did not contain a mathematical breakdown of the sum due. In their context, the invoices were sufficiently clear and intended to be payment applications. Written by James Frampton, barrister at Keating Chambers, and Liam Hendry, senior associate at Archor LLP.
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