"Ask the team"

"Ask the Team" is a resource which focuses on and highlights particular PLC Dispute Resolution material. Each month, the team has provided guidance and pointers on a generic question of practical or topical interest and illustrated how PLC Dispute Resolution content can be used to find information on similar or related topics.  The November 2012 “Ask the Team” article was the final one for PLC Dispute Resolution. However, we now regularly publish many more of the questions we receive and our replies on Ask PLC Dispute Resolution.

Searching the Ask the team (ATT) archive

Articles by date

November 2012

October 2012

September 2012

August 2012

July 2012

June 2012

May 2012

April 2012

March 2012

February 2012

January 2012

December 2011

November 2011

October 2011

September 2011

August 2011

July 2011

June 2011

May 2011

April 2011

March 2011

February 2011

January 2011

December 2010

November 2010

October 2010

September 2010

July 2010

June 2010

May 2010

April 2010

March 2010

February 2010

January 2010

November 2009

October 2009

September 2009

August 2009

July 2009

June 2009

May 2009

April 2009

March 2009

February 2009

January 2009

December 2008

November 2008

Articles by topic: Dispute Resolution

Funding

Jurisdiction and cross-border

Limitation

Security for costs

Injunctive relief

Starting a claim

Service

Statements of case

Interim applications

Case management

Disclosure

Evidence

Settlement and Part 36

Trial

Costs

Appeals

Enforcement

Substantive law

Articles by topic: Arbitration

Arbitration agreements

Conflicts of law issues

Commencing and conducting an arbitration

Awards, challenges and enforcements

Institutional and ad-hoc arbitration

Procedure and Evidence

Property litigation: articles by date

January 2012

December 2011

November 2011

October 2011

September 2011

August 2011

July 2011

June 2011

May 2011

April 2011

Searching the Ask the team (ATT) archive

There are three ways to find previous Dispute Resolution ATT articles:

• In this ATT archive, which contains all of the published ATT articles, listed by date and by topic.

• By clicking the "Legal updates" tabs in the individual topic sections. These contain the 'Ask the Team' legal updates relevant to particular subjects.

• ATT articles can be also found through the search facility (located at the top of each page on the PLC Dispute Resolution site). You do not need to search for the exact title of a particular article, as a general search will bring up any relevant ATT articles.

To prioritise ATT articles in the search results, simply add the words "ask the team" to the search terms (for example "ask the team: service").

Articles by date

November 2012

• What protection do solicitors' liens offer? (www.practicallaw.com/5-521-7822)

October 2012

• When will a court award compound interest? (www.practicallaw.com/6-521-5587)

September 2012

• On what basis can I extend time for limitation purposes under the Latent Damage Act 1986? (www.practicallaw.com/0-520-8976)

August 2012

• Can I set a deadline for the tribunal's production of the award? (www.practicallaw.com/0-520-4515)

July 2012

• Can in-house legal costs be recovered? (www.practicallaw.com/2-519-2413)

June 2012

• What are the costs consequences of changing a Part 36 offer to make it less advantageous? (www.practicallaw.com/9-519-4885)

May 2012

• Are publicly available documents disclosable as part of the standard disclosure process in litigation? (www.practicallaw.com/4-519-0615)

April 2012

• What format should court documents take? (www.practicallaw.com/9-518-0968)

March 2012

• What is a Bankers Trust order? (www.practicallaw.com/4-517-9104)

February 2012

• Choice of law clauses and Welsh legislation (www.practicallaw.com/2-517-7323)

• What’s the difference between “reasonable skill and care” and “all reasonable skill and care”?

January 2012

• Will enforcement of an arbitral award be suspended where there is an application to set aside the award pending? (www.practicallaw.com/9-516-4708)

December 2011

• Can I get security for costs against a trustee? (www.practicallaw.com/8-511-2649)

November 2011

• Is it possible to apply for a third party debt order against an account outside the jurisdiction? (www.practicallaw.com/6-509-5900)

October 2011

• What are the defences to a claim on a stopped cheque? (www.practicallaw.com/6-508-6552)

September 2011

• Can a solicitor serve a statutory demand for unpaid fees? (www.practicallaw.com/7-506-6940)

August 2011

• How do I seek permission to appeal to the UKSC if no application was made at the Court of Appeal hearing? (www.practicallaw.com/6-506-5856)

July 2011

• What is the effect of issuing a claim form before the accrual of the relevant cause of action? (www.practicallaw.com/3-506-5829)

June 2011

• Are previous foreign or UK convictions admissible in civil proceedings as proof that an offence has been committed? (www.practicallaw.com/5-505-9436)

May 2011

• Is there a limitation period for enforcing a money judgment? (www.practicallaw.com/5-505-6193)

April 2011

• Does CPR 6.7 prevent me from serving a corporate defendant directly under section 1139(1) of the Companies Act 2006? (www.practicallaw.com/0-505-4304)

• Words and phrases: What is gross negligence? (www.practicallaw.com/8-505-3273)

March 2011

• Is permission required to serve out on a non-EU party if there is an English jurisdiction clause? (www.practicallaw.com/8-504-8743)

February 2011

• Can I enforce my award as soon as I have the court's permission to do so? (www.practicallaw.com/9-504-5112)

January 2011

• What is the procedure for intervening in an appeal before the Court of Appeal? (www.practicallaw.com/5-504-1719)

December 2010

• What are the notification requirements for a CFA between a barrister and a solicitor? (www.practicallaw.com/6-503-9438)

November 2010

• Enforcing a judgment obtained in breach of an arbitration clause (www.practicallaw.com/7-503-7844)

October 2010

• Do co-claimants need to have joint representation? (www.practicallaw.com/8-503-3906)

September 2010

• What is the deadline for payment when a defendant accepts a claimant's Part 36 offer, and have there been any important Part 36 developments recently? (www.practicallaw.com/0-502-8490)

July 2010

• Which court has jurisdiction if the parties have competing Ts and Cs?

June 2010

• Does my client have the freedom to choose his lawyer when using BTE insurance? (www.practicallaw.com/7-502-2499)

May 2010

• Making an application to court in insolvency proceedings (www.practicallaw.com/9-502-1286)

April 2010

• Can I serve an effective witness summons out of the jurisdiction? (www.practicallaw.com/1-501-6199)

March 2010

• Which law governs an arbitration agreement in the absence of an express choice of law? (www.practicallaw.com/9-501-4511)

February 2010

• Can I recover the fees of a software service provider engaged to assist with an e-disclosure exercise? (www.practicallaw.com/6-501-3221)

January 2010

• Are there any points I should bear in mind when responding to auditors' enquiry letters? (www.practicallaw.com/8-500-7653)

November 2009

• What are the rules on notifying the court and other parties about a CFA and ATE insurance?

October 2009

• Will an English court recognise and support a US exclusive jurisdiction clause? (www.practicallaw.com/9-500-3824)

September 2009

• Can an ICC arbitration be terminated early? (www.practicallaw.com/3-422-4373)

August 2009

• Claiming against a company in, or about to go into, administration (www.practicallaw.com/7-386-7009)

July 2009

• I have still not had time to look at Lord Justice Jackson's costs report. What are the main points to note? (www.practicallaw.com/3-386-2749)

June 2009

• Is there a difference between obtaining permission to enforce an award and entering judgment in terms of an award? (www.practicallaw.com/3-386-1269)

May 2009

• How does the doctrine of lis alibi pendens sit within the Brussels regime? (www.practicallaw.com/8-386-0451)

April 2009

• Can parties agree shorter limitation periods than those set out in the Limitation Act 1980? (www.practicallaw.com/8-385-1545)

March 2009

• Must I bring a fresh action to enforce the terms in a Tomlin Order schedule? (www.practicallaw.com/6-385-1546)

February 2009

• Can a claimant recover Part 36 costs on acceptance of a pre-action Part 36 offer?  (www.practicallaw.com/0-384-6708)

January 2009

• Is taped evidence obtained without a party's consent admissible in civil proceedings?  (www.practicallaw.com/4-384-4533)

December 2008

• What limitation period applies to a summary application to enforce an arbitral award as if it were a judgment?  (www.practicallaw.com/0-384-2630)

November 2008

• Which rules apply to a claim form served on 30 September 2008? (www.practicallaw.com/8-383-7941)

Articles by topic: Dispute Resolution

Funding

• What are the notification requirements for a CFA between a barrister and a solicitor? (www.practicallaw.com/6-503-9438)

• Does my client have the freedom to choose his lawyer when using BTE insurance? (www.practicallaw.com/7-502-2499)

• What are the rules on notifying the court and other parties about a CFA and ATE insurance?

• I have still not had time to look at Lord Justice Jackson's costs report. What are the main points to note? (www.practicallaw.com/3-386-2749)

Jurisdiction and cross-border

• Is it possible to apply for a third party debt order against an account outside the jurisdiction? (www.practicallaw.com/6-509-5900)

• Which court has jurisdiction if the parties have competing Ts and Cs?

• Will an English court recognise and support a US exclusive jurisdiction clause? (www.practicallaw.com/9-500-3824)

• How does the doctrine of lis alibi pendens sit within the Brussels regime? (www.practicallaw.com/8-386-0451)

Limitation

• Can parties agree shorter limitation periods than those set out in the Limitation Act 1980? (www.practicallaw.com/8-385-1545)

• On what basis can I extend time for limitation purposes under the Latent Damage Act 1986? (www.practicallaw.com/0-520-8976)

Security for costs

• Can I get security for costs against a trustee? (www.practicallaw.com/8-511-2649)

Injunctive relief

• Is taped evidence obtained without a party's consent admissible in civil proceedings?  (www.practicallaw.com/4-384-4533)

Starting a claim

• Do co-claimants need to have joint representation? (www.practicallaw.com/8-503-3906)

• When will a court award compound interest? (www.practicallaw.com/6-521-5587)

Service

• Does CPR 6.7 prevent me from serving a corporate defendant directly under section 1139(1) of the Companies Act 2006? (www.practicallaw.com/0-505-4304)

• Is permission required to serve out on a non-EU party if there is an English jurisdiction clause? (www.practicallaw.com/8-504-8743)

• Which rules apply to a claim form served on 30 September 2008? (www.practicallaw.com/8-383-7941)

Statements of case

• What format should court documents take? (www.practicallaw.com/9-518-0968)

• What is the effect of issuing a claim form before the accrual of the relevant cause of action? (www.practicallaw.com/3-506-5829)

• When will a court award compound interest? (www.practicallaw.com/6-521-5587)

Interim applications

• What is a Bankers Trust order? (www.practicallaw.com/4-517-9104)

• Making an application to court in insolvency proceedings (www.practicallaw.com/9-502-1286)

Case management

• What format should court documents take? (www.practicallaw.com/9-518-0968)

• Do co-claimants need to have joint representation? (www.practicallaw.com/8-503-3906)

• Claiming against a company in, or about to go into, administration (www.practicallaw.com/7-386-7009)

• I have still not had time to look at Lord Justice Jackson's costs report. What are the main points to note? (www.practicallaw.com/3-386-2749)

• Is taped evidence obtained without a party's consent admissible in civil proceedings?  (www.practicallaw.com/4-384-4533)

Disclosure

• Are publicly available documents disclosable as part of the standard disclosure process in litigation? (www.practicallaw.com/4-519-0615)

• What is a Bankers Trust order? (www.practicallaw.com/4-517-9104)

• Can I recover the fees of a software service provider engaged to assist with an e-disclosure exercise? (www.practicallaw.com/6-501-3221)

• Are there any points I should bear in mind when responding to auditors' enquiry letters? (www.practicallaw.com/8-500-7653)

• Is taped evidence obtained without a party's consent admissible in civil proceedings?  (www.practicallaw.com/4-384-4533)

Evidence

• What format should court documents take? (www.practicallaw.com/9-518-0968)

• Are previous foreign or UK convictions admissible in civil proceedings as proof that an offence has been committed? (www.practicallaw.com/5-505-9436)

• Can I serve an effective witness summons out of the jurisdiction? (www.practicallaw.com/1-501-6199)

• Is taped evidence obtained without a party's consent admissible in civil proceedings?  (www.practicallaw.com/4-384-4533)

Settlement and Part 36

• What are the costs consequences of changing a Part 36 offer to make it less advantageous? (www.practicallaw.com/9-519-4885)

• What is the deadline for payment when a defendant accepts a claimant's Part 36 offer, and have there been any important Part 36 developments recently? (www.practicallaw.com/0-502-8490)

• Must I bring a fresh action to enforce the terms in a Tomlin Order schedule? (www.practicallaw.com/6-385-1546)

• Can a claimant recover Part 36 costs on acceptance of a pre-action Part 36 offer?  (www.practicallaw.com/0-384-6708)

Trial

• Can I serve an effective witness summons out of the jurisdiction? (www.practicallaw.com/1-501-6199)

Costs

• Can a solicitor serve a statutory demand for unpaid fees? (www.practicallaw.com/7-506-6940)

• Can I recover the fees of a software service provider engaged to assist with an e-disclosure exercise? (www.practicallaw.com/6-501-3221)

• Can in-house legal costs be recovered? (www.practicallaw.com/2-519-2413)

• I have still not had time to look at Lord Justice Jackson's costs report. What are the main points to note? (www.practicallaw.com/3-386-2749)

• What protection do solicitors' liens offer? (www.practicallaw.com/5-521-7822)

Appeals

• How do I seek permission to appeal to the UKSC if no application was made at the Court of Appeal hearing? (www.practicallaw.com/6-506-5856)

• What is the procedure for intervening in an appeal before the Court of Appeal? (www.practicallaw.com/5-504-1719)

Enforcement

• Is it possible to apply for a third party debt order against an account outside the jurisdiction? (www.practicallaw.com/6-509-5900)

• Is there a limitation period for enforcing a money judgment? (www.practicallaw.com/5-505-6193)

Substantive law

• On what basis can I extend time for limitation purposes under the Latent Damage Act 1986? (www.practicallaw.com/0-520-8976)

• What’s the difference between “reasonable skill and care” and “all reasonable skill and care”?

• What are the defences to a claim on a stopped cheque? (www.practicallaw.com/6-508-6552)

• How does the doctrine of lis alibi pendens sit within the Brussels regime? (www.practicallaw.com/8-386-0451)

• Is taped evidence obtained without a party's consent admissible in civil proceedings?  (www.practicallaw.com/4-384-4533)

• Words and phrases: What is gross negligence? (www.practicallaw.com/8-505-3273)

Articles by topic: Arbitration

Arbitration agreements

• Enforcing a judgment obtained in breach of an arbitration clause (www.practicallaw.com/7-503-7844)

Conflicts of law issues

• Which law governs an arbitration agreement in the absence of an express choice of law? (www.practicallaw.com/9-501-4511)

Commencing and conducting an arbitration

• Can an ICC arbitration be terminated early? (www.practicallaw.com/3-422-4373)

Awards, challenges and enforcements

• Will enforcement of an arbitral award be suspended where there is an application to set aside the award pending? (www.practicallaw.com/9-516-4708)

• Can I enforce my award as soon as I have the court's permission to do so? (www.practicallaw.com/9-504-5112)

• Enforcing a judgment obtained in breach of an arbitration clause (www.practicallaw.com/7-503-7844)

• Is there a difference between obtaining permission to enforce an award and entering judgment in terms of an award? (www.practicallaw.com/3-386-1269)

• What limitation period applies to a summary application to enforce an arbitral award as if it were a judgment?  (www.practicallaw.com/0-384-2630)

Institutional and ad-hoc arbitration

• Can an ICC arbitration be terminated early? (www.practicallaw.com/3-422-4373)

Procedure and Evidence

• Can I set a deadline for the tribunal's production of the award? (www.practicallaw.com/0-520-4515)

Property litigation: articles by date

January 2012

• Does the tenant have to sign a statutory declaration to exclude a tenancy from the LTA 1954? (www.practicallaw.com/9-517-1582)

December 2011

• Can an underlease created out of a contracted out lease have a right to renewal under the LTA 1954? (www.practicallaw.com/7-516-9759)

November 2011

• What should the landlord consider when it is concerned that the tenant may become insolvent? (www.practicallaw.com/1-511-9135)

October 2011

• Does obtaining a charging order mean I will recover the debt? (www.practicallaw.com/3-509-0027)

September 2011

• What happens when a tenant remains in occupation after the expiry of a section 25 notice? (www.practicallaw.com/2-508-1504)

August 2011

• Can a break notice be withdrawn? (www.practicallaw.com/5-507-1928)

July 2011

• Can the landlord exercise the right of distress if the tenant has failed to register the lease? (www.practicallaw.com/3-506-7673)

June 2011

• Can a landlord forfeit unoccupied residential premises by peaceable re-entry? (www.practicallaw.com/0-506-0710)

May 2011

• Will an interim rent application survive the discontinuance of a claim for a lease renewal? (www.practicallaw.com/8-505-7365)

April 2011

• Can a charging order and an order for sale be obtained against a property owned by joint tenants? (www.practicallaw.com/9-505-0306)