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This timetable sets out the key procedural steps for disclosure under the Disclosure Scheme operating in the Business and Property Courts It outlines the required process, spanning document preservation duties, Initial Disclosure, completion of the Disclosure Review Document (DRD), Extended Disclosure, and the actions to be taken at and following the case management conference (CMC). Document preservation obligations Initial Disclosure Disclosure Review Document (DRD) Extended Disclosure Steps at and after the CMC For these purposes, it is assumed the parties are legally represented. Note: this timetable does not cover disclosure under CPR 31. For additional guidance on CPR 31 disclosure, see: Disclosure-overview. The Disclosure Scheme is mandatory for most claims in the Business and Property Courts under CPR PD 57AD (in force from 1 October 2022). To assess whether the Scheme applies to a particular claim, see: Which disclosure rules apply to my claim-flowchart? and the Practice Notes: Disclosure Scheme-definitions, principles and duties; Disclosure Scheme-when and where it...
This Checklist This checklist reflects the requirements for claims progressing on the multi-track under CPR 29 and CPR PD 29, which govern multi-track case management. It should be read alongside Practice Notes: Multi-track—case management and Multi-track—case management conference (CMC), which provide general guidance on case management and on CMCs in the multi-track. This Checklist offers a high-level outline of key case management points to consider and deal with at an early stage of the proceedings and before any CMC takes place. It is not exhaustive and you will need to examine each point in greater depth where it is pertinent to the facts of the particular claim. The court’s case management of a claim will also vary according to the forum in which it is brought, and you must take into account the court-specific approach, including any guidance set out in that court’s guide. For further details, see: Court specific case management—overview and Practice Note: Court guides and other guidance...
Checklist on attending court as an advocate This checklist explains the actions an advocate should take to attend a hearing with assurance and to be properly ready to act for the client in civil proceedings. Note, it is not designed to address the preparation of complex hearings, for example case management conferences (CMC) or trials. In addition, documents and instructions will be channelled through a solicitor, unless the advocate is instructed as a direct access advocate...
In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...
Direct Investments Ltd (a company in receivership incorporated in the British Virgin Islands) v Mittal-Goenka [2026] EWHC 460 (Comm) What are the practical implications of this case? This ruling illustrates that a party cannot sidestep an earlier case management direction by claiming circumstances have shifted, or by repackaging the order of issues, simply by altering its stance at all. Where the court has ordered particularisation of foreign law, that requirement stands unless successfully appealed or varied. A litigant who pleads foreign law but does not pinpoint the precise principles relied on risks being barred from pursuing the argument at all. The court further made clear that FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 neither dispenses with proper pleadings nor permits postponement of particularisation. In practical terms, once foreign law is put in play, it must be stated with clarity, and any case management order addressing it is binding unless and until it is formally reconsidered. What was the background? The claimant, Direct Investments...
In this issue: International arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Useful information International arbitration Singapaore—anti-suit injunction in support of arbitration In CMC v (1) DOW (2) MB, the Singapore International Commercial Court (SICC) granted an anti‑suit injunction (ASI) to halt overseas proceedings brought to contest an arbitral tribunal’s decision. Singapore was the seat of the arbitration, and the Singapore courts had exclusive authority to determine any such challenge. Setting out the principles governing ASIs, the court concluded the criteria were fulfilled and there was no convincing reason to withhold relief on the facts. Although the defendant had links to a foreign government, it was not entitled to sovereign immunity because it was a ‘separate entity’ and the contract was a ‘commercial transaction’. See News Analysis: Anti‑suit injunction in support of arbitration (CMC v (1) DOW (2)...
This Practice Note This Practice Note examines how case management is conducted in the Technology and Construction Court (TCC), by reference to the provisions of CPR 60, CPR PD 60, and the Technology and Construction Court Guide. As these materials supplement the general provisions found elsewhere in the CPR, it should be read together with wider guidance on case management, in particular: the court’s array of case management powers under CPR 3, and case management more generally—see Practice Note: Case management of civil claims under the CPR, and Case management—checklist multi-track case management—see Practice Notes: Multi-track—case management, and Multi-track—case management conference (CMC) the significance and importance of complying with rules, practice directions and court orders, together with practical pointers to assist—see Practice Note: Case management—compliance As the TCC forms part of the Business and Property Courts, also consult Practice Note: Business and Property Courts, which provides guidance on the procedure to be followed when issuing and managing claims in the Business...
This Practice Note addresses and answers common questions about the Electronic Documents Questionnaire (EDQ) (also known as the E-documents questionnaire). It should be read in conjunction with Practice Note: Electronic disclosure—Electronic Documents Questionnaire (EDQ). Note: this Practice Note does not deal with the provisions of the disclosure scheme operating in the Business and Property Courts. In the majority of such cases, electronic disclosure must be provided, though particular rules govern how it is handled and searched for. For guidance on electronic disclosure in such circumstances, see: Disclosure Scheme (Business & Property Courts)—overview. When should I first look at the Electronic Documents Questionnaire (EDQ)? In a case not subject to the disclosure scheme, consider EDQ as soon as you are instructed...
Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive jurisdiction clause. On that footing, he said, he would have secured judgment for the severance sum sooner (as there would have been no hold‑ups arising from jurisdiction objections) and...
Dear [ client name ] [ insert reference ]—case management conference As you know, a case management conference (CMC) has been listed for [ date ] in this matter. This correspondence provides further details about the purpose of the CMC and the preparation that will be expected from you. [ There is no legal duty for you to attend the CMC in person; however, it would be preferable if you are able to do so, as this will allow you to see first-hand the court’s approach to the case and enable us to take instructions from you if required. ] [ Where, as in this case, the proceedings are subject to costs budgeting, the court will often hear the CMC alongside the costs management conference and, together, these are described as a case and costs management conference or CCMC. The CCMC allows the court to consider the parties’ costs budgets at the same time as directions, and those directions may be tailored to assist with managing the...
Private and confidential [ Insert name and address of other party's solicitors ] [ Insert date ] Dear [ insert organisation name ] [ Insert case heading ] —Mediation Notice [ We represent [ insert name of client ] ]. We refer to the agreement entered into by [ insert party ] and [ insert party ] on [ insert date of contract ] (the ‘Agreement’), and to the dispute resolution clause (clause [ insert clause number ]) (the ‘Dispute Resolution Clause’) cited within the Agreement...