Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides guidance on conducting litigation involving a foreign element and explores the increasingly popular use of ADR.
Significant developments in law and procedure included in this edition are the courts’ powers to order ADR (Chapters 1 and 12), funding of commercial litigation and the use of omnibus claim forms (Chapter 2), quia timet injunctions against persons unknown (Chapter 6), committal for contempt proceedings (Chapter 7), freezing injunctions (Chapter 8), search orders (Chapter 9), disclosure under CPR 1998, PD 57AD (Chapter 10), appeals procedures (Chapter 11), arbitration proceedings (Chapter 13), insolvency and arbitration (Chapter 15) and service of proceedings out of the jurisdiction (Chapter 16).
New cases in this edition include: Churchill v Merthyr Tydfil County Borough Council [2023] and Northamber PLC v Genee World Ltd [2024] (ADR), Stoop (Trading as Warwick Risk Management) v Johnson [2024] (funding), Govdata Limited v Indeed UK Operations Ltd [2024] (pre-action disclosure), Morris v Williams & Co Solicitors [2024] (omnibus claim forms), Hammon v University College London [2024] (group litigation), Derma Med v Ally [2024] (full and frank disclosure), Commercial Bank of Dubai PSC v Al Sari [2024] (service methods), ADM International Sarl v Grain House International SA [2024] (responsible persons liability principle), Mex Group Worldwide Limited v Ford [2024] and Wang v Darby [2024] (freezing injunctions), Garofalo v Crisp [2023] (imaging orders), Public Institution for Social Security v Al Wazzan [2024], London & Quadrant Housing Trust v WPHV Ltd (In Administration) [2024] and BDW Trading Ltd v URS Corp Ltd [2024] (disclosure), Fulstow v Francis [2024] (witness statements), Jarvis v Metro Taxis Ltd [2024] and Al Sadeq v Dechert LLP [2024] (appeals), H1 v W[2024] and Sharp Corp Ltd v Viterra BV [2024] (arbitration), Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] (insolvency) and Lunn v Antarctic Logistics Centre International (Pty) Ltd [2024] (service out of the jurisdiction).
Contents
Commercial Dispute Resolution
The Nature of Commercial Dispute Resolution
Early Considerations in Commercial Litigation Cases
The Commercial Court
The Chancery Division
The Technology and Construction Court
Injunctions – The Law
Interim Injunctions – The Procedure
Freezing Injunctions
Search Orders
Handling the Evidence
Appeals
Settlements and Alternatives to Litigation
Arbitration
Mediation
Enforcement and Insolvency
Foreign Element
Commencing Proceedings
Enforcement Proceedings
Appendices
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