Civil courts and ADR—overview

This Practice Note This Practice Note summarises the employment tribunal’s authority, under Rule 33 of the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155, to compel disclosure of documents and information. It explains the relationship with the Civil Procedure Rules (CPR) and explores what disclosure and inspection mean and cover, the applicable test for disclosure, the overriding objective and proportionality. It also addresses both standard and specific disclosure, confidentiality, public interest immunity, oppressive disclosure, medical reports, and legal professional privilege (including legal advice privilege, litigation privilege, the iniquity exception and waiver). The Note further reviews procedural requirements such as disclosure statements, pre-action disclosure, and disclosure by non-parties, together with restrictions on the use of disclosed material. It concludes by considering the role of artificial intelligence (AI) in the disclosure process. In many employment tribunal cases, documents of differing kinds will comprise a substantial proportion of the evidence. Fair disclosure of such material is required in the interests of justice...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...