Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 4 August 2016. In this week’s edition, we feature the Civil Justice Council (CJC)’s study on concurrent expert evidence. We also highlight analysis and news on a broad range of matters, including: costs and the impact of without prejudice material (Gresham Pension Trustees); applications to amend (Glenluce); warranties and misrepresentation (Idemitsu); adjudication (Lulu and Ground Developments); and, the impact of breaching the requirement of full and frank disclosure when seeking a freezing order on costs (National Bank). As usual, we highlight relevant analysis from other Lexis®PSL Practice Areas, articles on the impact of Brexit, the key updates to our core content, our latest Q&As, and this week’s posts in the Dispute Resolution Blog. All this, and more, in our weekly highlights.
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What is the court fee for issuing a claim pursuant to CPR 8 for an order for sale in the Chancery Division?A Part 8 claim is begun by the claimant filing:•Form N208—Claim Form (CPR Part 8)—Commercial Court•the fee payable (where no money is claimed)—£528 in the High Court and £308 in the County
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so
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