Specific performance (Dispute Resolution) meaning

How to use this Checklist This Checklist aims to flag matters that frequently arise during negotiation and drafting of the following agreement types: Website development agreement — long form Website development agreement — short form For more detail on the points raised by this Checklist, see the following Practice Notes: Website design and development Domain names—background, registration and dispute resolution Intellectual property rights considerations for websites For software-specific issues, see Practice Note: Key issues in software licence agreements. Where appropriate, this Checklist may act as the basis for a simple, non-binding heads of terms. For guidance on doing so, see Precedent: Heads of terms—commercial contracts. The third column can be used to note observations or comments while working through the Checklist. Checklist for proposed website development agreement Checklist | Further information | Notes (if any) (A) Key commercial considerations Verify each party’s legal status and whether...

In this issue Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Pre-action and limitation Litigation Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court and the legal profession The 11th Edition of the King’s Bench Guide: Key changes from the 10th Edition (April 2024) feature, among other updates, refreshed guidance on telephone hearings (Chapter 9); a reoriented emphasis reflecting the court’s enhanced alternative dispute resolution powers (Chapter 10); updated costs management, with the Senior Master’s Guidance Note now placed at Annex 8 (Chapter 10); amendments mirroring recent Part 25 reforms and the removal of CPR PD 25A and CPR PD 25B (Chapter 12); plus a new section on securing evidence from other jurisdictions (Chapter 20). For more detail, see LNB News 29/04/2025 29—the 11th Edition of the King’s Bench Guide has been released. UKSC and JCPC publish final year of 2023–2026 business plan:...

In this issue Enforcing security and property insolvency Lease covenants and obligations Residential tenancies Disputes and remedies Property disputes in Scotland Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Enforcing security and property insolvency Section 234 of the Insolvency Act 1986 cannot be used to obtain an order for vacant possession against trespassers (Maher v Investalet). In Maher v Investalet [2025] EWHC 3133 (Ch), the Chancery Division (Companies Court) refused an application by the joint administrators of Pocket Renting Limited made under section 234 seeking vacant possession of five residential properties held by the company. The administrators attempted to retake the properties from Investalet, which had failed to pay rent since November 2023 and had then sub-let the dwellings without permission. While the court concluded that Investalet had no real defence to a possession claim,...

Update from the ET President On 5 November 2024, an email update was sent to the members of the NUG, addressing a number of matters and developments. HMCTS contact details HMCTS intends to close the mailbox etreform@justice.gov.uk on 30 November 2024, with closure scheduled for that date. This inbox previously handled enquiries about MyHMCTS performance and other aspects of the new digital case management system now in use. From 1 December 2024, please route enquiries as follows: For MyHMCTS registration matters: myhmctsonboardingqueries@justice.gov.uk. For all other MyHMCTS enquiries: myhmctssupport@justice.gov.uk. For any remaining case-specific questions about the digital case management platform: contact the Employment Tribunal office responsible for administering the case...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

This Practice Note outlines breach of contract and the remedies that may follow. It addresses what can constitute a breach, how the courts evaluate that question by construing the parties’ contractual obligations, the remedies available, and the deployment of clauses that cap or restrict consequent liability and/or compensation. It also looks at whether a breach of contract claim can be pursued and the method for claiming late payment interest. For a broader overview of contract law, see Practice Note: Ireland—Contract law essentials. Breach of contract A breach arises where one party (‘the defaulting party’) fails or declines to fulfil duties owed under the contract, in whole or in part. The other contracting party (‘the innocent party’) may then consider potential remedies for that failure. It should be remembered that a defaulting party with a lawful excuse for non-performance will generally not be in breach. This is distinct from force majeure clauses, which permit non-performance when specified events occur, eg war or sanctions, etc...

This Practice Note explores the doctrine of consideration and its central role in English law when assessing whether a contract is enforceable. A promise will be enforceable only if it is set out in a deed, or exchanged for something of value, termed ‘consideration’. This Practice Note explains what constitutes valid consideration. It looks at valid consideration in its various forms: executory and executed consideration, benefit and detriment, past consideration, the adequacy of consideration, and when performance of existing duties may amount to consideration, including on the variation of an existing contract. Note: settlement offers made under CPR Part 36 operate outside the ordinary rules of contract law and are governed by the specific regime in CPR 36. See Practice Notes: Part 36 offers—what are they, why make them? and Part 36 offers—how to make a valid Part 36 offer. For guidance on the specific requirements for recording promises by deed, see Practice Note: Deeds. What is consideration? Consideration is a fundamental ingredient of an enforceable contract. It...