| 1 | Claims arising under a construction contract This practice note considers the types of claims that may arise on construction and engineering projects. These include claims for extensions of time, loss and expense, variations, defective works, liquidated damages and breach of a professional consultants duty of care. | Practice note: overview | Maintained |
| 2 | Claims arising under a construction contract: a quick guide A quick guide to the typical claims that may arise on a construction and engineering project. These include claims a contractor may make (such as loss and expense, extensions of time and for variations) and claims an employer may make (such as for defective work and liquidated damages). For more information on the legal structure of a construction project, see Quick guide, Construction projects: the legal structure. | Practice note: overview | Maintained |
| 3 | Costs: an overview An overview of costs in litigation. Separate practice notes cover specific topics in more detail. There are also other useful resources under the Costs topic. For information on funding, see the Funding topic. | Practice note: overview | Maintained |
| 4 | County courts: jurisdiction and overview This note provides an overview of the county courts and their jurisdiction. It also: Explains the hierarchy of the civil courts in England and Wales. Considers the jurisdiction of the High Court. Looks at in which court proceedings should be commenced. Provides a general overview of the Civil Procedure Rules. | Practice note: overview | Maintained |
| 5 | Default judgment: a quick guide A quick guide to the procedure for obtaining default judgment, from the point of view of both claimant and defendant. | Practice note: overview | Maintained |
| 6 | Detailed assessment: a quick guide A short guide to detailed assessment. | Practice note: overview | Maintained |
| 7 | Disclosure: an overview The purpose of disclosure is to make available evidence which either supports or undermines the respective parties' cases. This overview summarises the disclosure process, the parameters of the disclosure duty and the main issues to consider regarding disclosure and inspection, including seeking more extensive disclosure than standard disclosure. | Practice note: overview | Maintained |
| 8 | Expert evidence: an overview Expert evidence is used to assist the court when the case before it involves matters on which it does not have the requisite knowledge. This practice note describes the different ways in which experts may be used, how to choose and appoint an expert, an expert's duties, and what an expert may be expected to do. It covers the requirements for the form, content and timing of an expert's report, questions on the report, privilege, how to deal with experts' discussions and evidence at trial. | Practice note: overview | Maintained |
| 9 | Freezing injunctions: a quick guide A quick guide to the effect of a freezing order, points of caution for applicants, a summary of the procedure and links to the rules. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 10 | Interest toolkit A guide to PLC's resources on interest that are likely to be of most relevance to dispute resolution lawyers. | Practice note: overview | Maintained |
| 11 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 12 | Jackson/civil litigation reform: toolkit A collection of resources on the Jackson/civil litigation reform that should assist practitioners with: What the various changes are and when they will be implemented. Finding relevant legislation, court rules, forms and guidance. | Practice note: overview | Maintained |
| 13 | Judicial review: a quick guide A quick guide to judicial review, including who can apply for a review, what decisions can be reviewed and the remedies which may be granted. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 14 | Limitation periods: an overview An overview of limitation periods. | Practice note: overview | Maintained |
| 15 | Maximising privilege protection following Akzo Nobel: a quick ... A quick guide explaining how in-house lawyers can maximise privilege protection following the ECJ decision in Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission (Case C-550/07 P) [2010]. | Practice note: overview | Maintained |
| 16 | Privilege: an overview An outline of the law relating to privilege including legal advice privilege, litigation privilege, joint privilege and common interest privilege. | Practice note: overview | Maintained |
| 17 | Prohibitory injunctions: a quick guide A quick guide to prohibitory injunctions. | Practice note: overview | Maintained |
| 18 | Security for costs: a quick guide A short guide to security for costs.This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 19 | Service: a quick guide A quick guide to service of the claim form and other documents. It highlights practical points of caution for those handling service and identifies the key rules on despatch and service, who serves, the permitted methods, timing of despatch and service, and the rules on service of parties who are out of the jurisdiction. | Practice note: overview | Maintained |
| 20 | Strike out: a quick guide A quick guide to strike out applications which can be used by parties and the courts to dispose of cases.This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 21 | Strike out: an overview This note is a general guide to strike out. It explains the power and its consequences, considers the various grounds and discusses the court's approach. Separate practice notes cover subsequent litigation and abuse of process and the procedure for striking out and appealing strike out decisions. | Practice note: overview | Maintained |
| 22 | Summary assessment: a quick guide A short guide to summary assessment. | Practice note: overview | Maintained |
| 23 | Summary judgment: a quick guide A quick guide to the procedure for disposing of a case by summary judgment. | Practice note: overview | Maintained |
| 24 | Summary judgment: an overview This practice note explains what summary judgment is, the procedure for applying and the test the court will apply. | Practice note: overview | Maintained |
| 25 | TCC Guide: What changed on 1 October 2010? This note provides an overview of the changes included in the second revision to the second edition of the Technology and Construction Court (TCC) Guide, with effect from 1 October 2010. The note looks at changes to starting a claim (including electronic working), transferring a claim to the TCC, case management, hearings and applications, evidence (including electronic service of documents), preparing and attending trial, and the court's approach to ADR. | Practice note: overview | 01-Sep-2010 |
| 26 | Technology and Construction Court (TCC) This note provides an overview of the Technology and Construction Court (TCC). It explains that the TCC is a specialist court dealing with technology and construction disputes and is governed by the TCC Guide. | Practice note: overview | Maintained |
| 27 | Without prejudice privilege: a quick guide A quick guide to the key points to note about the without prejudice rule. This is one of a series of quick guides (see Quick guides). | Practice note: overview | Maintained |
| 28 | An introduction to judicial review This practice note provides an introduction to the substantive law relating to judicial review. | Practice notes | Maintained |
| 29 | Appeals to the United Kingdom Supreme Court An overview of the procedure in the UK Supreme Court. | Practice notes | Maintained |
| 30 | Appeals: quick guide A short guide to appeals in the county courts, the High Court and the Court of Appeal. | Practice notes | Maintained |
| 31 | Case management: transfer of proceedings A brief guide to the practice and procedure for transferring proceedings. | Practice notes | Maintained |
| 32 | Case management: which court? A brief guide to the points to consider when you are deciding in which court to commence proceedings. This note covers the jurisdiction of the various courts in England and Wales (meaning the court's power or authority to try a claim) and, where you have a choice of court under the rules, it gives guidance on how to choose the most appropriate court. For guidance on territorial jurisdiction, see Practice note, Jurisdiction: an overview. | Practice notes | Maintained |
| 33 | Claiming interest in construction disputes This note looks at the right to claim interest in construction disputes in adjudication, arbitration and litigation. It considers the right at common law, under the terms of a contract or as an implied term under the Late Payment of Commercial Debts (Interest) Act 1998. The note also looks at interest claims in common construction disputes, such as claims for loss and expense, delay and disruption, and defects. | Practice notes | Maintained |
| 34 | Complying with the Pre-Action Protocol for Construction and ... This note identifies the key aspects of the Pre-Action Protocol for Construction and Engineering Disputes (Protocol), which applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors). | Practice notes | Maintained |
| 35 | Costs management A note considering costs management in litigation. | Practice notes | Maintained |
| 36 | Defects claims in a construction contract A note on defects claims in a construction contract. | Practice notes | Maintained |
| 37 | Electronic Working Scheme: filing and managing proceedings This Practice note considers Practice Direction 5C - Electronic Working Scheme - which came into force on 1 April 2010. IMPORTANT NOTE: On 20 April 2012, HM Courts and Tribunals Service announced that the electronic working system (introduced for the jurisdictions of the Royal Courts of Justice now in the Rolls Building) was to be shut down. The Royal Courts of Justice e-working mailbox is no longer available. HMCTS remains "fully committed" to delivering an electronic filing, document management and listing system "at the earliest opportunity" although there is currently no target date for implementation. We will be monitoring developments. | Practice notes | Maintained |
| 38 | Implementation of Jackson LJ's recommendations (specific ... This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations. | Practice notes | Maintained |
| 39 | Limitation: practical considerations This practice note considers practical implications of limitation periods and offers tips on how to avoid statute-barred claims. | Practice notes | Maintained |
| 40 | Liquidated damages in construction contracts A note on liquidated and ascertained damages (also known as LADs or LDs) in construction or engineering contracts, which explains what they are, why they are used and how to distinguish them from penalty clauses. | Practice notes | Maintained |
| 41 | Loss and expense claims in a construction contract A note on claiming loss and expense under a construction contract. | Practice notes | Maintained |
| 42 | No loss and assignment: the development of the common law ... A note outlining the development of the common law on the no loss defence, or the defence that an assignor may not recover more than the assignee, in the context of construction and engineering cases. These cases are sometimes said to refer to a possible "black hole". | Practice notes | Maintained |
| 43 | No loss argument in construction claims: what it is and how to ... A note considering the "no loss" argument in the construction and engineering context, including whether a party's claims can disappear in a "black hole". | Practice notes | Maintained |
| 44 | Pre-action protocols: an overview A party (and its legal representatives) must consider the potential impact of its behaviour at the pre-action stage of any dispute. This applies to all areas of litigation. This practice note considers the effect of the rules governing pre-action protocols, the effects of the Practice Direction on Pre-action Conduct (PDPAC) and the consequences of non-compliance. It also provides a number of tips for both claimants and defendants. | Practice notes | Maintained |
| 45 | Preparing a disclosure report The Jackson/civil litigation reforms significantly changed the approach to disclosure for multi-track claims (apart from those that include a claim for personal injuries). Since 1 April 2013 (subject to the relevant transitional provisions), parties have been required to file and serve a disclosure report not less than 14 days before the first case management conference in all multi-track claims (save for those that include a claim for personal injuries). This practice note sets out practical points for consideration when preparing a disclosure report. PLC Dispute Resolution is grateful to Vince Neicho of Allen & Overy for his contribution to this practice note. | Practice notes | Maintained |
| 46 | Professional negligence An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability. | Practice notes | Maintained |
| 47 | Rome Convention: an outline of the key provisions This note summarises the key provisions of the Convention on the law applicable to contractual obligations (80/934/EEC) (Rome Convention), which applies to contracts made before 17 December 2009 and contains rules for determining the applicable law. | Practice notes | Maintained |
| 48 | Rome I: an outline of the key provisions This practice note summarises, from an English law perspective, the key provisions of Regulation 593/2008 on the law applicable to contractual obligations (Rome I). It highlights the main changes from the rules contained in the Rome Convention on the law applicable to contractual obligations of 1980 (Rome Convention). | Practice notes | Maintained |
| 49 | Scott Schedules A note explaining what a Scott Schedule is, when to use one and how to prepare it. The note also refers to the common types of construction claim where a Scott Schedule may be used, including a claim for defects, loss and expense, delay and variations. | Practice notes | Maintained |
| 50 | Tactics of settlement This practice note sets out some factors that can help solicitors to advise their clients on whether, when and how to settle proceedings. | Practice notes | Maintained |
| 51 | Technology and Construction Court: case management This note explains the Technology and Construction Court's (TCC) approach to case management. It focuses on the case management conference (CMC) in the TCC, including how to fix the CMC, prepare for the hearing and what happens both during and after the CMC. It also refers to the costs management pilot in the TCC and Mercantile Courts from 1 October 2011. | Practice notes | Maintained |
| 52 | Technology and Construction Court: evidence This note provides you with the information you need to prepare evidence for use in hearings and at trial in the Technology and Construction Court (TCC). It discusses the court's approach to disclosure, as well as factual and expert witness evidence. | Practice notes | Maintained |
| 53 | Technology and Construction Court: hearings and ... This note will provide you with the information you need to prepare for and attend hearings and applications in the Technology and Construction Court (TCC). It includes hearings on paper, in person and on the telephone. It also discusses interim applications after the case management conference (CMC) and the TCC's use of preliminary issues to narrow the dispute between the parties. | Practice notes | Maintained |
| 54 | Technology and Construction Court: preparing for and ... This note will provide you with the information you need to prepare for and attend a trial in the Technology and Construction Court (TCC). It expains how to prepare for and attend the pre-trial review (PTR) and for trial, including issues such as lodging trial bundles, pre-reading by the judges and what happens at the end of trial. | Practice notes | Maintained |
| 55 | Technology and Construction Court: starting a claim This note will provide you with the information you need to start a claim in the Technology and Construction Court (TCC). It includes issues such as pre-action conduct and complying with the Pre-action Protocol for Construction and Engineering Disputes, where to start a claim, allocation to multi-track and judge assignment. | Practice notes | Maintained |
| 56 | Technology and Construction Court: the court's approach to ... This note considers the Technology and Construction Court's (TCC) approach to forms of alternative dispute resolution (ADR), including adjudication, arbitration, mediation, the Court Settlement Process (CSP) and early neutral evaluation (ENE). | Practice notes | Maintained |
| 57 | Technology and Construction Court: transfer of claim This note will provide you with the information you need to transfer proceedings to the Technology and Construction Court (TCC). It looks at transfers between courts and divisions, and provides examples of applications. | Practice notes | Maintained |
| 58 | Top ten tips from 2009 PLC Dispute Resolution has picked out some of the most significant cases from 2009. This note highlights our top ten tips from that case law. | Practice notes | 22-Dec-2009 |
| 59 | Variations arising under a construction contract A note on a contractor's entitlement to be paid for extra work, or variations, carried out under a construction contract. Some building contracts, such as the JCT Design and Build Contract, 2005 and 2011 editions (DB05 and DB11) refer to variations as changes. | Practice notes | Maintained |
| 60 | Vicarious liability This practice note addresses the circumstances in which vicarious liability arises, at common law and under statute. It also looks at the implications of vicarious liability, and the alternative bases for attributing liability where vicarious liability is not applicable. | Practice notes | Maintained |